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  • Negligence Cause of Action

  • If a person, corporation or government acts negligently, they can be held liable for the damages of another. Negligence is proven by establishing several elements, as follows:

    DUTY: All persons, corporations and governments generally have a duty to act reasonably with regard to others.

    BREACH: If a person, corporation or government fails to act reasonably with regard to others, they can be found to be in breach or failure in their duty to others.

    CAUSATION: The person who is alleged to be negligent must be shown to have been the legal cause of harm to the person seeking damages.

    DAMAGES: Actual and measurable damages must be found to have been caused by the person being sued, in order to maintain a negligence cause of action.

    If one establishes all of the above elements, they can prevail in a negligence cause of action. If the action is based upon a statutory violation, an action in negligence "per se" can be brought ­ which is in "strict liability", requiring only proof of causation and damages.