What are the elements of negligence?

Negligence is a legal term used to describe when a person is not exercising the level of care that an average person would use in similar circumstances. In Virginia, in order to establish negligence, four elements must be proven: duty, breach of duty, causation, and damages. Duty refers to the responsibility of a person to behave in a certain manner to protect others from harm. It is the obligation to act in a way that reasonably protects others. Breach of Duty is when a person fails to act according to their duty. This can be when someone does not use reasonable care to protect others from harm, or when someone fails to use the same level of care as a similarly situated person. Causation means that the person’s breach of duty actually caused the injury. In Virginia, the law states that the breach of duty must be the cause of the injury, in whole or in part. Damages refer to the injury or loss suffered by the victim. This includes physical injuries, property damage, emotional harm, and financial losses. To be successful in a lawsuit in Virginia involving negligence, the plaintiff must be able to prove that all four elements of negligence were present. These elements must be proven by a preponderance of the evidence, which means that it is “more likely than not” that the elements have been met.

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What are the elements of negligence?

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