common_law · federal
Negligence — The Tort Standard
Common Law of Torts
Negligence requires four elements: (1) a duty of care, (2) breach of that duty, (3) causation (actual and proximate), and (4) damages. The standard is what a 'reasonable person' would do under the circumstances. Comparative or contributory negligence rules vary by state.
negligencetortdutybreachcausation