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General Negligence
Negligence cases are determined by whether or not the damage to self or property that one party is complaining of resulted from the disregard of another party.
These types of cases are generally lawsuits for monetary compensation. Parties tend to win when they can prove that physical damage to property or an individual could have been foreseen and prevented by another party.
Pieces in Proving Negligence
Duty
of Care
The duty of care is a fiduciary duty requiring directors and/or officers of a corporation to make decisions that pursue the corporation’s interests with reasonable diligence and prudence. This fiduciary duty is owed by directors and officers to the corporation, not the corporation’s stakeholders or broader society.
Breach
of Duty
Breach of duty occurs when a person’s conduct fails to meet an applicable standard of care. It is one of the four elements of negligence. If the defendant’s conduct fails to meet the required standard of care, they are said to have breached that duty. For example, a driver may breach his duty to other drivers to drive safely by texting while driving. Note that it is a question of fact for the jury to determine whether a defendant breached their duty. Causation (cause in fact) Proximate Cause Proximate cause means “legal cause,” or one that the law recognizes as the primary cause of the injury. It may not be the first event that set in motion a sequence of events that led to an injury, and it may not be the very last event before the injury occurs. Instead, it is an action that produced foreseeable consequences without intervention from anyone else. In other words, the plaintiff will have to show that the injuries were the natural and direct consequence of the proximate cause, without which the injuries would not have occurred.
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