Personal Injury Negligence In Idaho

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:

1. A duty recognized by law requiring an actor to conform to certain types of conduct for the protection of others;
2. A failure to comply with the required standard;
3. A causal connection between the conduct and the resulting injury (commonly called “proximate cause”);
4. 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.

 

Blog Post Provided By: