Negligence is a word used to describe the conduct of a defendant. However, conduct alone does not constitute a cause of action. Generally, to establish a cause of action based upon negligence, a plaintiff must establish:
- A duty recognized by law requiring an actor to conform to certain types of conduct for the protection of others;
- A failure to comply with the required standard;
- A causal connection between the conduct and the resulting injury (commonly called “proximate cause”);
- Damages incurred to the interests of another.
Stated otherwise, negligence is the failure by a defendant to exercise reasonable care that a reasonable person would be expected to exercise in a similar situation.
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