What are the elements of negligence?

Negligence is a legal concept that occurs when a person fails to act in a reasonable way to prevent harm from coming to another person or their property. In Delaware, there are four main elements that must be present for negligence to occur: Duty, Breach of Duty, Cause in Fact, and Proximate Cause. Duty is the legal responsibility to act reasonably or to take preventative measures to protect another’s safety. This applies to people, businesses, and government entities that owe some responsibility to act in a safe manner. Breach of Duty refers to when this responsibility is violated; this might be a careless or reckless act, or the failure to act. Cause in Fact is the link that is established between the breach of duty and the harm that was caused. This is the actual evidence that the breach of duty led to the harm. Finally, Proximate Cause is an extension of Cause in Fact. Proximate Cause looks to see if the breach of duty was foreseeable and if it was the actual cause of the harm. It’s possible that the Breach of Duty caused some minor harm, but another event may have caused the harm directly. All four of these elements must be present for a party to be found negligent in a court of law. Without any one of them, it is possible that the breach of duty may not have caused the harm. It is important for anyone facing a negligence lawsuit to understand these elements and to work with a qualified attorney to build a thorough defense.

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What are the elements of negligence?

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