A Video Explaining What Every Insurance Professional Needs to Know About Negligence

Negligence
DUTY

Negligence is the failure to exercise the care toward others which a reasonable or prudent person would do in the circumstances. Negligence is always accidental. It is different from intentional torts like assault, battery or trespass or from crimes.

The elements of the tort of negligence are:

a duty;
breach of that duty by want of ordinary care; and
the breach of the duty causes harm to a person or the property of a person.

The duty of care is a requirement that a person act toward others and the public with the watchfulness, attention, caution and prudence that a reasonable person in the circumstances would use. If a person's actions do not meet this standard of care, then the acts are considered a breach of the duty of care, negligent, and any damages resulting may be claimed in a lawsuit for negligence.

BREACH OF DUTY

The second step is to determine whether the duty was breached. Did the person insured do something that was contrary to the duty?

PROXIMATE CAUSE

Third, it must be determined if the breach was the proximate or legal cause of the injury.

A cause is a “proximate cause” if “the defendant’s conduct was a substantial factor in bringing about the injury.”