Proving Negligence
Broadly, negligence is a careless act that leads to another person’s injury. According to California law, negligence is the failure to use reasonable care to prevent harm from occurring. Reasonable care is the degree of care used by a reasonable person in the same or similar situation. Negligence can be an affirmative act or a failure to act.
There is no claim for negligence without an injury. To support a negligence claim, a breach of the duty of reasonable care must have hurt or killed someone.
The claimant has the burden to prove the elements of negligence by a fair preponderance of the evidence. However, some situations arise that relieve the plaintiff from proving the defendant acted negligently. If the defendant violated a criminal law—such as by driving drunk or street racing—and violating the law is a substantial factor in causing the plaintiff’s injuries, then California law presumes the driver acted negligently. This is the doctrine of “negligence per se.” The plaintiff continues to have the burden to prove damages.
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