Everyone makes mistakes and accidents can occur. When events result in harm to the property or body of another, the one causing the injury may be held responsible for negligence. A cause of action for negligence involves a violation of a legal duty, imposed by either statute, contract or other legal mechanism, owed by the defendant to the plaintiff. A negligence claim must present all the facts necessary to show: (i) existence of a duty to the plaintiff; (ii) a corresponding breach of that duty; (iii) causation between defendant’s breach of duty and plaintiff’s injuries; and (iv) resulting damages.

Duty of Care. A general duty of care refers to the universal obligation of individuals to conduct activities with ordinary care where another person may become foreseeably injured by such activities. The California Civil Code has codified this standard by stipulating that an individual is responsible not just for willful acts, but also for the injuries occurring to another as a result of a lack of care in conducting himself or herself, or in maintaining his or her property.

Breach of Duty. Assessing whether this duty of care has been breached turns on the factual circumstances of the incident. Some degree of fault may be attributed to the defendant and to others, including the plaintiff. Some cases under California law may involve strict liability, for example, in matters involving defective products or certain violations of a statute.

Causation. The breach of duty must cause the injuries sustained by the plaintiff. California provides two means of determining causation: (i) the “but for” test, which states that the accident would not have occurred “but for” defendant’s actions; and (ii) the “substantial factor” test, which requires a reasonable person to conclude that the incident contributed to the harm suffered by the plaintiff, even if it was not the only cause of the injury. The latter test has become increasingly favored by California courts in determining causation.

Damages. A plaintiff must demonstrate an injury or harm that resulted from the defendant’s breach of duty of care. Negligence is a “no harm, no foul” concept. A mistake or accident that does not cause another harm fails to satisfy a claim for negligence.

Establishing or defending a negligence claim requires the skills and expertise of an experienced legal professional. Shane Coons can guide plaintiffs and defendants in this process. Call 949-333-0900 or visit www.ShaneCoonsLaw.com to learn more about his practice and the services he offers to clients.