In California, negligence law is primarily governed by case law and statutes. Negligence occurs when someone fails to exercise reasonable care in a given situation, resulting in harm or injury to another person. In California, the elements of negligence typically include:
- Duty: The defendant (the person being sued) owed a duty of care to the plaintiff (the person bringing the lawsuit). This duty is often defined as the obligation to act as a reasonable person would under similar circumstances.
- Breach of Duty: The defendant breached that duty by failing to act as a reasonable person would have under the circumstances. This could involve actions or omissions that fall below the standard of care.
- Causation: The defendant’s breach of duty was the proximate cause of the plaintiff’s injury or harm. In other words, the harm must have been a foreseeable consequence of the defendant’s actions or omissions.
- Damages: The plaintiff suffered actual harm or damages as a result of the defendant’s breach of duty. These damages can include physical injuries, emotional distress, property damage, medical expenses, lost wages, and other losses.
Under California law, negligence claims can arise in various contexts, including car accidents, premises liability (such as slip and fall accidents), medical malpractice, product liability, and more. California follows the doctrine of comparative negligence, which means that if the plaintiff is partially responsible for their own injuries, their recovery may be reduced by their percentage of fault, but they can still recover damages.
It’s important to note that negligence cases can be complex, and the specific elements and standards may vary depending on the circumstances of each case. Therefore, individuals involved in negligence claims in California should seek legal advice from an experienced attorney to understand their rights and options.