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How Does California Law Define Negligence?

Walton Law Firm

When another person’s careless or reckless behavior causes harm to another party in Escondido, for example, the careless or reckless person can be civilly liable for that harm in the local Superior Court. In order to hold a party accountable, you will typically need to file a personal injury lawsuit. While there are different theories of liability in California personal injury cases, many are based on a theory of negligence. Accordingly, if you want to file a personal injury lawsuit, it will be important for you to understand how California law defines negligence since you will need to prove those elements in order to win your case. One of our Escondido personal injury attorneys can explain in more detail.

What Does Negligence Mean?

There is no specific definition of negligence under California law that is applied in every single case or incident. Rather, under California law, negligence means a breach of the standard of care, and it is determined on a case-by-case basis. The standard of care is generally understood to mean the failure to behave as “a reasonably prudent person under like circumstances.” In the case Coyle v. Historic Mission Inn Corp. (2018), the court explains that “each case presents different conditions and situations,” and as such, “what would be ordinary care in one case might be negligence in another.”

Accordingly, to determine whether a person or entity behaved negligently and thus may be liable for harm, you must ask: how would a reasonably prudent person have behaved under these or similar circumstances? If a reasonably prudent person would have been more careful than the defendant, then the defendant may have been negligent and thus liable for injuries.

Elements of a Negligence Claim in California

The definition of negligence and proving a negligence claim are two separate things. The definition of negligence, as we discussed above, is just one component of a negligence claim arising out of a personal injury in Southern California. In order to win a negligence claim, you will need to prove the following essential factual elements, according to California law:

  • Defendant was negligent, meaning that the defendant breached the standard of care and failed to behave as a reasonably prudent person would have under similar circumstances;
  • Plaintiff was harmed; and
  • Defendant’s negligence was a substantial factor in causing the plaintiff’s harm.

An experienced Escondido personal injury attorney can discuss these elements in more detail with you in relation to your case and can help you gather the evidence you need to win a negligence claim.

Contact an Escondido Personal Injury Lawyer

Were you recently injured in an accident or in another incident caused by a negligent party? If so, you may be able to file a personal injury claim in California to hold that negligent party accountable. One of the experienced Escondido personal injury lawyers at our firm can assess your case today and discuss the relevant evidence for proving negligence in your case. Once you are able to prove that the defendant was negligent and is, therefore, liable for your injuries, you can obtain financial compensation in the form of a settlement or damages award. Contact the North County Injury Lawyers today to find out more about how we can assist you with your negligence claim in Escondido and all of North County San Diego.

See Related Blog Posts:
Can I File an Injury Claim Against More Than One Party?
What is the Statute of Limitations in Escondido Personal Injury Cases?

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