At its core, negligence occurs when an individual or entity fails to act with the level of care required by law, and that failure results in injury or harm to another person. Negligence is the foundation of most personal injury and wrongful death claims.

Legally, negligence is conduct that falls below the recognized standard of care established to protect others from unreasonable risk. A party is considered negligent when their actions—or inactions—deviate from what a reasonably prudent person would have done under similar circumstances.

To prevail in a negligence case, an injured party must establish four critical elements: • The defendant owed a legal duty of care • The defendant breached that duty • The breach directly caused injury or harm • The plaintiff suffered measurable damages

When these elements align, the law provides a clear path to accountability.

When a court finds a party liable, it has determined that the individual, company, or entity is legally responsible for causing another person’s injury or death. Liability in civil cases carries a financial obligation—typically requiring compensation for medical costs, lost income, pain and suffering, or other damages.

Importantly, liable is not the same as guilty. Liability applies in civil law, not criminal proceedings. Determining liability requires a careful legal analysis, which is why experienced counsel is essential.

The law measures conduct against the actions of a hypothetical reasonable person—someone who exercises ordinary care and judgment in similar circumstances. This objective standard allows courts to assess whether conduct was careless, reckless, or legally unacceptable.

When conduct falls short of this benchmark, negligence may be established.

A duty of care is the legal obligation to act in a manner that protects the safety of others. Whether driving, manufacturing products, operating a business, or providing professional services, individuals and companies are bound by duties that vary based on circumstance and risk.

Defining the scope of that duty is often one of the most contested—and most important—issues in a personal injury case.

In some cases, an injured party’s own actions may have contributed to the harm suffered.

• Contributory negligence (used in only a few jurisdictions) can bar recovery entirely if the plaintiff is found even minimally at fault. • Comparative negligence, adopted by most states, allocates fault by percentage and reduces recovery accordingly.

Understanding which doctrine applies can significantly impact the outcome of a case.

When a person knowingly and voluntarily exposes themselves to a known danger, recovery may be limited under the assumption of risk doctrine. However, this defense does not protect against reckless, negligent, or intentional misconduct that goes beyond inherent risks.

Certain activities and products are so inherently dangerous that the law imposes strict liability. In these cases, an injured party does not need to prove negligence—only that: • The product or activity was unreasonably dangerous • The danger caused the injury

Strict liability commonly applies to defective products, ultra-hazardous activities, explosives, and dangerous animals.

A deposition is sworn testimony taken during litigation, typically before trial. Defense attorneys will question the injured party under oath, and those answers may later be used in court. Proper preparation with experienced counsel is critical to protecting your case.

Property owners and businesses have a legal obligation to maintain safe premises. When they fail to do so—and someone is injured as a result—they may be held liable under premises liability law.

These cases often involve slip-and-fall accidents, unsafe conditions, or inadequate maintenance. Establishing notice, visibility of the hazard, and duration of the dangerous condition is key to recovery.