Negligence

The failure to use such care as a reasonably prudent and careful person would use under similar circumstances. Negligence can be either an act or an omission to act, i.e. the doing of something which a reasonably prudent person would not do in the situation, or the failure to do something which a reasonably prudent person would have done in the situation. Negligence is a common Cause Of Action in personal injury cases. To prove a negligence claim, the plaintiff must generally show that the other person owed a legal duty of care to the plaintiff under the circumstances, they failed to fulfill (or “breached”) that duty through their action or inaction, and the breach caused the accident or injury which resulted in damages to the plaintiff.