top of page
AdobeStock_137636471.jpeg

BLOG

  • Writer's picturePeter Lamont, Esq.

Understanding Negligence in Civil Litigation

Negligence is a legal theory that forms the basis of many civil lawsuits. It occurs when someone fails to take reasonable care and causes harm to another person or their property. In civil litigation, a negligence claim requires that the plaintiff (the person who suffered harm) prove four key elements: duty, breach, causation, and damages. In this blog post, we will explore the fundamentals of a negligence claim in civil litigation and explain the concepts of proximate cause and foreseeability.

Duty

The first element of a negligence claim is duty. This refers to the legal obligation that one person has to act with reasonable care towards another person or their property. For example, a doctor has a duty to provide medical care that meets the appropriate standard of care, while a driver has a duty to operate their vehicle in a safe and responsible manner.


Breach

The second element of a negligence claim is breach. This refers to the failure to uphold the duty of care owed to the plaintiff. A breach can occur through an action or an omission. For example, if a doctor fails to order a necessary medical test, they may have breached their duty of care to their patient. Similarly, if a driver runs a red light, they may have breached their duty of care to other drivers on the road.


Causation

The third element of a negligence claim is causation. This requires the plaintiff to show that the defendant's breach of duty caused the harm they suffered. There are two types of causation: actual cause and proximate cause.


Proximate Cause

Proximate cause is a complex legal concept that is often the subject of much debate in negligence cases. Essentially, proximate cause refers to the idea that there must be a close enough relationship between the defendant's breach of duty and the plaintiff's harm for the defendant to be held liable.


Courts use various tests to determine whether proximate cause exists, such as the "foreseeability test" and the "directness test." The foreseeability test asks whether the harm suffered by the plaintiff was a foreseeable consequence of the defendant's breach of duty. The directness test, on the other hand, asks whether there were any intervening factors that broke the chain of causation between the defendant's breach of duty and the plaintiff's harm.


Damages

The fourth element of a negligence claim is damage, which refers to the harm suffered by the plaintiff as a result of the defendant's breach of duty. The harm can be physical, such as bodily injury or property damage, or it can be economic, such as lost wages or medical expenses. Damages can be difficult to quantify in some cases, especially when the harm is non-physical or involves long-term consequences. In some instances, the plaintiff may seek compensation for both economic and non-economic damages, such as pain and suffering. The amount of damages awarded will depend on the specific circumstances of the case and the applicable laws and regulations.


If a plaintiff fails to prove damages, they may not be entitled to recover compensation in a negligence claim. Damages are a necessary element of a negligence claim because they represent the harm suffered by the plaintiff as a result of the defendant's breach of duty. The plaintiff must prove that they suffered actual harm, such as physical injury or property damage, and that the harm was caused by the defendant's breach of duty. If the plaintiff cannot establish damages, the court may dismiss the claim. It is important for plaintiffs to provide evidence of damages, such as medical bills, repair costs, or other documentation that shows the extent of their losses.

A negligence claim in civil litigation requires the plaintiff to prove four key elements: duty, breach, causation, and damages.

New Jersey Case Negligence Case Law

"The fundamental elements of a negligence claim are a duty of care owed by the defendant to the plaintiff, a breach of that duty by the defendant, injury to the plaintiff proximately caused by the breach, and damages." Robinson v. Vivirito, 217 N.J. 199, 208 (2014). Pertinent to the present matter is whether the body shop's negligence was a superseding cause of plaintiff's injury.


"The concepts of proximate cause and foreseeability are intertwined." Showalter v. Barilari, Inc., 312 N.J.Super. 494, 503 (App. Div. 1998). "Proximate cause connotes not nearness of time or distance, but closeness of causal connection." Cruz-Mendez v. ISU/Ins. Servs. of S.F., 156 N.J. 556, 577 (1999) (quoting Powers v. Standard Oil Co., 98 N.J.L. 730, 732 (Sup. Ct. 1923)). "[T]o be a proximate cause . . . conduct need only be a cause which sets off a foreseeable sequence of consequences, unbroken by any superseding cause, and which is a substantial factor in producing the particular injury." Showalter, 213 N.J.Super. at 503 (alterations in original) (citations omitted).


"A superseding or intervening act is one that breaks the 'chain of causation' linking a defendant's wrongful act and an injury or harm suffered by a plaintiff." Komlodi v. Picciano, 217 N.J. 387, 418 (2014) (quoting Cowan v. Doering, 111 N.J. 451, 465 (1988)). Superseding or intervening acts that "are foreseeable or the normal incidents of the risk created will not break the chain of causation and relieve a defendant of liability." Ibid. (internal quotation marks and citations omitted). A cause is superseding or intervening only when it constitutes the sole cause of the injury. Ibid.


See, Sharkey v. Schultz, No. A-1672-20 (App. Div. July 25, 2022) (slip op. at 4-6)

Conclusion

In conclusion, a negligence claim in civil litigation requires the plaintiff to prove four key elements: duty, breach, causation, and damages. Proximate cause and foreseeability are concepts that are closely related to the causation element of a negligence claim. Proximate cause limits liability for harm to those consequences that were reasonably foreseeable as a result of the defendant's actions. Foreseeability, on the other hand, asks whether the harm caused by the defendant's breach of duty was reasonably foreseeable. These concepts can be complex and require careful analysis in each case. It is important that you retain an experienced attorney to assist you or your business in defending a negligence lawsuit.


Do you have questions about civil litigation or defending a lawsuit? If so, contact us Today at our Bergen County Office. Call Us at (201) 904-2211 or email Us at info@pjlesq.com

_____________________________________________________________________________________________________

If you would like more information about this post or if you want to discuss your legal matter with an attorney at the Law Offices of Peter J. Lamont, please contact me at pl@pjlesq.com or at (201) 904-2211. Don't forget to check out and subscribe to our podcast and YouTube channel. We have hundreds of podcasts and videos concerning a variety of business and legal topics. I look forward to answering any questions that you might have.

DISCLAIMER: The contents of this website and post are intended to convey general information only and not to provide legal advice or opinions. The contents of this website and the posting and viewing of the information on this website should not be construed as, and should not be relied upon for, legal or tax advice in any particular circumstance or fact situation. Nothing on this website is an offer to represent you, and nothing on this website is intended to create an attorney‑client relationship. An attorney-client relationship may only be established through direct attorney‑to‑client communication that is confirmed by the execution of an engagement agreement.


As with any legal issue, it is important that you obtain competent legal counsel before making any decisions about how to respond to a subpoena or whether to challenge one - even if you believe that compliance is not required. Because each situation is different, it may be impossible for this article to address all issues raised by every situation encountered in responding to a subpoena. The information below can give you guidance regarding some common issues related to subpoenas, but you should consult with an attorney before taking any actions (or refraining from acts) based on these suggestions. Separately, this post will focus on New Jersey law. If you receive a subpoena in a state other than New Jersey you should immediately seek the advice of an attorney in your state as certain rules differ in other states.

Commenti

Valutazione 0 stelle su 5.
Non ci sono ancora valutazioni

Aggiungi una valutazione
bottom of page