Types of Negligence

Breach of Duty; Cause in Fact; Proximate Cause; Damages. These five elements are explained in greater detail below. See FindLaw's Negligence section for additional resources and articles. Duty. The outcome of some negligence cases depends on whether the defendant owed a duty to the plaintiff. A duty arises when the law recognizes a relationship between the defendant and the plaintiff requiring ...

The 'Duty of Care' In some situations, the question of whether someone is legally liable for injuries may turn on whether there is a “duty of care” to protect against injuries for someone who is not expected to be in the place where the accident happens.