What are the Elements of Negligence in a California Injury Lawsuit?

The term “negligence” refers to an individual failure to act with an ordinary level of care. The behavior can consist of both acts and omissions. Put simply, negligence is a legal concept under which individuals are held responsible for their actions or their lack of action. Under the law, we all owe others a basic duty of care. When someone’s conduct doesn’t meet that basic duty, we call that negligence.

The concept of negligence pervades all tort and injury lawsuits. This area of law proves why a negligent person should be held accountable for another’s injuries. Negligence plays a crucial role in personal injury lawsuits. Many individuals will find themselves the victim of another’s negligence at some point in their lives. It’s therefore important to understand how negligence works under California law.

Elements of negligence 

There are four basic elements of negligence under California law. Those are:

1. Duty – Means that an individual or company owes a duty of care to others including the general public. Shopkeepers, for example, owe a duty of care to those who patronize their businesses. If someone is injured by a dangerous condition in the store, the shopkeeper may be negligent.
2. Breach – Means that the negligent individual failed in their duty of care. For example, a reckless driver has breached their duty of care to operate their car safely. The breach is the wrongful act that led to the injury.
3. Causation – Causation is divided into legal and factual causation. Simply put, you must prove a party’s negligence resulted in physical injury. For example, if a negligent driver fails to yield the right of way and causes an accident that results in you being injured, you can establish a direct or proximate link between the negligence and injuries. You can’t sue someone just for being negligent. You have to prove their negligence caused your injuries.
4. Damages – Damages are the simplest element to understand. They include elements such as the cost of medical care, lost wages, diminished future earnings, pain and suffering, and property damage.

Comparative negligence in California 

Multiple parties can contribute negligence to a plaintiff’s injuries, including the plaintiff. However, when a plaintiff contributes negligence to their injuries, a jury decides how much of the blame they share. Some states prohibit individuals from filing negligence claims when plaintiffs contribute any negligence at all. California, however, reduces your damages award by your percentage of the blame.

For example, you allege a shopkeeper left a major spill on the floor which you fell on, sustaining injury. The shopkeeper alleges you were looking at your cell phone and not paying attention to where you were going. A jury decides you are 25% responsible for your injuries and awards you $50,000 in damages. You could keep only 75% of the $50,000 damages award which is $37,500.

Talk to an Oakland California Personal Injury Lawyer Today 

Venardi Zurada represents the interests of plaintiffs in personal injury lawsuits. We serve the Bay Area from our office locations in Oakland and Walnut Creek. Call our Oakland personal injury lawyers today to schedule a consultation and learn more about how we can help.