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NEGLIGENCE: What is the legal term negligence and why is it important in my San Diego personal injury case?

 

A: Negligence is a legal term which means a person or entity failed to use reasonable care which led to some other person being harmed.

You need four elements under California law in order to have a "negligence" against an at-fault party.  They are as follows:

1.  Duty owed by the at-fault party; the at-fault party owed a duty of due care to the injured party (like keeping floors free of debris so customers do not slip and fall, etc.);

2. Breach of that Duty; the at-fault party failed to keep the duty of due care;

3. Causation of Damages; the injured party, because of the breach by the at-fault party, was caused some harm (bodily injuries); see also proximate cause;

4. Actual Damages; the injured party suffered some harm (medical bills, and pain and suffering).

Remember, negligence is an "all or nothing rule" or "four part punch" means means you need all four elements above before you have legal negligence, and thus, a legal claim against an at-fault person or entity.




More Legal Questions About San Diego California Injury Accident Cases?

Do you have more legal questions about San Diego California Injuries & Accident Cases?  Return to our Frequently Asked Legal Questions  page. 
 

The Law Offices of Mark C. Blane, APC
GOLDEN EAGLE PLAZA
525 B Street, 15th Floor
San Diego, CA 92101
Toll Free:  (888) 845-6269
Direct:  (619) 813-7955
The San Diego California Injury Accident Law Firm that offers FREE Legal Help Books to anyone BEFORE they speak to a Lawyer, Claims Adjuster, or have to sign any Legal Forms; also we represent clients across Southern California including the following areas: 



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