Negligence Broken Down

Negligence.  That tort of all torts you studied in law school.  So many types and so many applications.  For the nitty-gritty, you should bunker down with your course notes, a good supplement, and the Restatement of Torts.  But if you want a refresher on the general definition, you’re in the right place.

The Restatement of Torts, 2d, defines the elements of a cause of action for negligence thus:

281.  Statement of the Elements of a Cause of Action for Negligence

The actor is liable for an invasion of an interest of another, if:

1. the interest invaded is protected against unintentional invasion, and
2. the conduct of the actor is negligent with respect to the other, or a class of persons within which he is included, and
3. the actor’s conduct is a legal cause of the invasion, and
4. the other has not so conducted himself as to disable himself from bringing an action for such invasion.

Probably not the elements you remember from Torts class, but that’s because we’ve broken those elements down into easy, manageable portions: duty; breach; causation; damages.

The Restatement of Torts, 2d, defines negligence in detail:

282. Negligence Defined.

In the Restatement of this Subject, negligence is conduct which falls below the standard established by law for the protection of others against unreasonable risk of harm.  It does not include conduct recklessly disregardful of an interest of others.

The Restatement of Torts, 2d, also provides the burden of proof for a negligence claim:

328 A. Burden of Proof.

In an action for negligence, the plaintiff has the burden of proving

1. facts which give rise to a legal duty on the part of the defendant to conform to the standard of conduct established by law for the protection of the plaintiff,
2. failure of the defendant to conform to the standard of conduct,
3. that such failure is a legal cause of the harm suffered by the plaintiff, and
4. that the plaintiff has in fact suffered harm of a kind legally compensable by damages.

Those elements probably sound more familiar.  Duty; breach; causation; damages.  If you can remember those elements, along with their specifics that you learn in class or in your studies, you’ll be able to handle any negligence claim that knocks on your door.