What is a “negligence claim”?

A negligence claim is a type of legal claim in which an individual or entity is accused of failing to exercise reasonable care, resulting in injury to another. In Tennessee, any party that is found to be negligent in any way may be held legally responsible for damages that the other person or persons incurred. Negligence claims in Tennessee typically arise from products liability law, when there is an allegation that a manufacturer or retailer failed to exercise due care in designing, labeling, or producing a product, ultimately resulting in harm or injury to a consumer. Essentially, negligence claims in Tennessee are based on the idea that everyone has a responsibility to exercise reasonable care and prevent any foreseeable harm to others. If a party fails to live up to this responsibility, they may be held liable for any resulting damages. When the injured person brings a negligence claim, they must prove that the other party breached this duty of care and such breach led to their injury. Common elements that must be proven in this type of claim are the existence of a duty of care, the breach of that duty, and the resulting damages.

Related FAQs

What are the defenses to a product liability claim?
How does a manufacturer demonstrate that a product is safe?
What level of responsibility do manufacturers have for the safety of their products?
What is “implied warranty of merchantability”?
Is a manufacturer liable for products they did not manufacture but only sold?
How does the doctrine of comparative fault apply in product liability cases?
What types of proof are required to establish a product liability claim?
What type of damages can a plaintiff recover in a product liability case?
What is a “breach of implied warranty” of product safety?
What are the elements of a design defect claim?

What is a “negligence claim”?

Related FAQs

Related Blog Posts