Please wait a moment and try again. Negligence is a failure to behave with the level of care that a reasonable person would have exercised under the same circumstances. A person's actions or omissions can be declared negligent. The omission of actions is considered negligent only when the person had a duty to act (e.g.The first element in determining negligence is whether or not the defendant owed the plaintiff a legal duty of care.
There are situations in which a legal duty is created in the relationship between the plaintiff and the defendant. The duty of care arises when the law recognizes a relationship between two parties and, because of this relationship, one of the parties has an obligation to exercise the same level of reasonable care that another person would exercise in a similar situation. The third element of negligence is causation. Causation requires the plaintiff to prove that the defendant's breach of duty was the cause of the plaintiff's injuries and losses. A proximate cause is an event related to an injury that the courts consider to be the cause of that injury.
It is an action that produces predictable consequences without the intervention of anyone else. A proximate cause is also known as legal cause. An ambulance rolls over on its way to the hospital after helping people in another car accident. There is no immediate cause related to the car accident for which emergency services were initially called.
A party is not responsible for damages suffered as a result of actions taken due to initial causation. Damages are the last element of negligence. Because the plaintiff suffered an injury or loss, which a reasonable person in that same situation could expect or foresee, monetary compensation may be the only form of relief for those injuries. Damages include medical care, lost wages, emotional turmoil, and more.
As a result of his negligence, he caused an accident that resulted in property damage and personal injury. The other driver may choose to file a lawsuit against Sarah to recover damages caused by her medical bills, lost wages, and other losses resulting from the accident. In this case, Sarah demonstrated negligence by failing to exercise reasonable care while driving. His state of tiredness and his decision to use his phone while driving constituted a breach of his duty to care for other road users. This breach of duty was the direct cause of the accident, making her legally responsible for the damages and injuries sustained in the accident.
