In Module 4, we learned about negligence, which is a tort relating to the failure to act as a reasonably prudent person would act under the same or similar circumstances.
- For this assignment, prepare a two-page paper that addresses the following:
- Describe the elements of a cause for action for negligence.
- Provide thorough examples of each from case law presented in this week’s resources and the Module 4 Lesson.
To address negligence in a two-page paper, you’ll want to first define negligence and then break down the four essential elements required for a cause of action. Here’s a possible structure to follow:
Introduction
Start by introducing the concept of negligence as a tort in civil law, where one party fails to act with the level of care that a reasonably prudent person would under similar circumstances. This failure can result in harm to another person. Highlight that to establish a claim for negligence, the plaintiff must prove specific elements.
Elements of a Cause of Action for Negligence
- Duty of Care The first element is the duty of care. The plaintiff must show that the defendant owed them a legal duty to act in a certain manner. In most cases, this means that a reasonable person would recognize that their actions could foreseeably harm others.
Example from Case Law: In the case of Donoghue v. Stevenson (1932), the court established the modern concept of negligence. In this case, a manufacturer was found to owe a duty of care to the ultimate consumer, even though there was no direct contractual relationship.
- Breach of Duty The second element is a breach of that duty. The plaintiff must show that the defendant failed to live up to the standard of care that a reasonably prudent person would have in the same situation.
Example from Case Law: In Bolam v. Friern Hospital Management Committee (1957), the court examined whether a doctor acted according to the standard of a reasonably competent professional. The failure to provide appropriate treatment was considered a breach of duty.
- Causation This element requires the plaintiff to prove that the defendant’s breach of duty directly caused the injury or harm. Causation is often divided into two parts: cause in fact (“but for” the defendant’s actions, the harm would not have occurred) and proximate cause (whether the harm was a foreseeable result of the breach).
Example from Case Law: In Palsgraf v. Long Island Railroad Co. (1928), the court ruled that while the defendant’s actions may have been a cause in fact of the injury, the harm was not foreseeable. Thus, the defendant was not liable due to the lack of proximate cause.
- Damages Finally, the plaintiff must demonstrate that they suffered actual harm or injury as a result of the breach. Without proof of damages, there is no basis for a negligence claim.
Example from Case Law: In Barnett v. Chelsea & Kensington Hospital Management Committee (1969), the court ruled that even though the hospital breached its duty by failing to properly treat a patient, the patient would have died regardless of the breach. Therefore, damages could not be attributed to the hospital’s negligence.
Conclusion
In your conclusion, briefly summarize the importance of proving all four elements—duty, breach, causation, and damages—to successfully bring a claim for negligence. You can also mention the role of negligence in ensuring accountability and promoting safer practices in various industries.