Cause

What Is Negligence?

Negligence can be action or inaction. A negligent person acts outside a reasonable level of care or caution. If you are injured because of a person’s negligence, you may be able to hold them liable for damages.

Negligence may seem straightforward at the time of an incident or accident. For example, if a person runs a red light and crashes into a car, it may seem obvious the car crash is the driver’s fault.

However, establishing negligence is never quite as simple, particularly when determining if a person acted out of a reasonable level of care. It’s possible that the brakes were installed incorrectly or there was black ice on the road. The liability becomes more complex. One of the ways to prove negligence is by establishing foreseeability.

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The doctrine of foreseeability is how predictable an injury or accident is. Foreseeability needs to be proven to hold a defendant liable. If the injury or accident was foreseeable, then the defense is at fault.

Two answers can form from the question:

Yes, the defendant should have reasonably foreseen the injuries and is therefore liable, or;

No, the defendant should not have reasonably foreseen the injuries and is therefore not liable

Though these are two reasonably simple answers, foreseeability in negligence is often ambiguous. Our experienced and knowledgeable attorneys will assist you to present and prove foreseeability, then liability.

What Is Causation?

Causation is a legal term that means proof of negligence. In other words, a person cannot simply be negligent. Their negligence needs to have caused an injury. Causation is the relationship between the cause and effect of the defendant’s action s and the injuries the plaintiff sustains.

A personal injury case must establish causation to hold the negligent party liable. This is much easier said than done. It’s essential to consult an experienced personal injury attorney who understands the nuances of causation so that you can be compensated for your losses.

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Foreseeability in Negligence

Foreseeability needs to be proven; the defendant needs to have foreseen or should have foreseen the general dangers of their action or inaction. A foreseeability test determines whether or not the defendant might have reasonably foreseen a specific accident and injury. The foreseeability test poses the question: Should the defendant have reasonably foreseen the consequences of their action or inaction?

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Elements of a Negligence Claim

• There are four elements to a negligence claim, each of which needs to be proven to establish negligence.
• Duty of Care: Acting with care and caution, the same way any reasonable person would act in a similar situation
• Breach of Duty: Violating the duty of care through action or inaction; not acting in a reasonably in a particular situation
• Injury: another person or multiple people suffer injuries

There is no interference, and the cause and effect are straightforward.

But what happens when there is an interruption in the chain of causation? In that case, let’s take a look at the same example:

• A big gust of wind blows towards you interruption
• The wind interferes with the chain of causation. The cause of the effect is now muddled. The same principle applies in litigation cases.
• Keeping the chain of causation unbroken depends on foreseeability, which is why foreseeability in negligence is so crucial to place liability.

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