Negligence: The king of torts!

Written by Jobeth Bowers. Posted in .

Lets talk torts…

I know it’s been awhile, but let’s get back to things with some learning, and I’ll get to the why behind my absence in a later post.

Here are the elements of Negligence: (Directly from the professor’s slide)

Duty: Defendant owed a duty to Plaintiff. (defined by a standard of reasonable care)

Breach: Defendant breached this duty

*Actual Cause: Defendant’s breach of duty was the factual cause of plaintiff’s injury.

*Proximate cause: Defendant’s breach of duty is sufficiently tied to Plaintiff’s injury that D should be held liable.

Actual Harm: Plaintiff suffered actual damages because of the defendant’s breach of duty.

* Two separate elements that some jurisdictions(such as Maryland) put these elements together as one in their terminology.

NOTE: often times the term being negligent refers to the breach itself, and not the entire situation described above.

Jobeth Bowers

Written By Jobeth Bowers

Maryland Attorney Jobeth Bowers is the founder of Bowers Law and a graduate of the University of Baltimore School of Law

Schedule a Free Consultation with Jobeth Bowers

  • best wrongful death attorney in baltimore logo
  • american institute of legal counsel logo
  • the best lawyers in america logo
  • top 100 trial lawyers logo
  • super lawyers logo

Marketing and Design by Array Digital
© Bowers Law. All rights reserved.