What are the required elements of negligence claims?


If you happen to be the victim of somebody else's negligent act and you wish to be compensated for your pain and suffering, you need to file a liability claim in court and provide sufficient evidence that the other person has committed a tort.

What is a Negligent Act?

Negligence is an unintentional act, or failure to act, which may result in somebody's injury or damage to someone's property.

Imagine that you are invited round for dinner to your friend's new house while there is major repair work going on there. In this situation, it is the property owner's legal right of duty to warn you if there is any risk that you might get injured. Failure to do so may have serious financial consequences for the property owner if you are harmed in any way while being on their premises. Being an invitee, you can file a negligence claim against the property owner for not warning you of any dangers present at the time when the incident occurred.

Elements of Negligence Claims

To file a negligence claim in court and collect damages for any injury you have sustained as a result of someone's negligence, the following requirements must be met:

  • The definition of legal standard of care must be satisfied, i.e. in order for someone to be held liable they need to have a certain legal duty for the protection of other people.
  • Evidence must be provided of the defendant's failure to exercise the duty of care they are required by law. Negligence can be a positive act, such as when a driver commits a tort while speeding. Breaching the legal duty of care can also result from somebody's failure to act, as when a motorist causes harm because they have failed to do the necessary repairs to their vehicle. Either way, the incidents caused are a result of the driver's negligence.
  • The plaintiff must furnish proof of any harm they have suffered in order to be adequately compensated for all the losses incurred as a result of the incident.
  • The plaintiff's losses must be directly caused by the negligent act.
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