What Is Negligence?

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.