Legal & IP
Definition
Negligence is a legal concept describing the failure to exercise reasonable care, resulting in harm to another person. It is the most common basis for civil lawsuits, including personal injury, medical malpractice, and professional liability claims.
To establish negligence, a plaintiff must prove four elements: (1) Duty — the defendant owed a legal duty of care to the plaintiff; (2) Breach — the defendant failed to meet that standard of care; (3) Causation — the breach was the actual and proximate cause of the harm; and (4) Damages — the plaintiff suffered actual harm. The standard of care is typically what a 'reasonable person' would do in the same circumstances. For professionals (doctors, lawyers, accountants), the standard is what a reasonable professional in that field would do. Contributory or comparative negligence doctrines may reduce a plaintiff's recovery if they also acted negligently. Professional negligence is often called 'malpractice' — whether medical, legal, or accounting malpractice depending on the field.
Negligence exposure is a reality for any business that provides services, maintains premises, or employs staff. A business attorney can help you understand your duty of care obligations, draft contracts that properly allocate risk, and implement policies and insurance that protect against negligence claims.