What are the elements of negligence?

Negligence is a commonly used legal term that is found in civil law. Negligence is when an individual or entity is responsible for their action or inaction that has caused harm to another person. In the state of Washington, there are four elements of negligence when determining liability. The first element of negligence is Duty. The defendant must have owed a duty of care to the plaintiff that was breached causing the injury. Second is Breach of Duty. The defendant must have breached this duty, meaning they must have acted or failed to act in a way that falls short of the accepted standard of care for the situation. Third is Causation. The breach of duty must have been the cause of the plaintiff’s injury. That is, the injury must have resulted from the defendant’s negligence, and not from some other cause. Last is Damages. The plaintiff must have suffered an injury or financial loss from the defendant’s actions. This element is the most important because it establishes that the plaintiff has suffered a loss due to the defendant’s negligence. In conclusion, there are four elements of negligence that must be proven in order to establish liability in Washington: Duty, Breach of Duty, Causation, and Damages. To establish negligence in this state, all four of these elements must be present.

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What are the elements of negligence?

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