What is the law of negligence?

Negligence is the legal term for when a person does something that causes harm or damage to another person. In New Jersey, a person claiming negligence must prove four elements: duty, breach of duty, causation, and damages. Duty is the responsibility that comes with an action or inaction, such as a doctor’s obligation to their patient. Breach of duty is when the doctor fails to fulfill their duty, such as ordering a wrong test or not accurately diagnosing an illness. Causation is the link between the doctor’s breach of duty and the injury. Finally, damages are the harm or injury that was caused by the negligence. Negligence is a common basis for a legal claim, as all persons owe a duty of reasonable care to others. If this duty of care is breached, and the breach causes harm, then a party can sue for damages. It is important to remember that the negligence must be the proximate cause of the injury or harm. A defendant may not be liable if the harm was caused by an intervening force or superseding event. Negligence claims can be complex because many different facts need to be proven. Therefore, it is important to have an experienced lawyer on your side when filing a negligence claim.

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What is the law of negligence?

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