Definition
Negligence is the failure to exercise the degree of care that a reasonably prudent person would exercise under the same or similar circumstances, resulting in injury to another person.
In California Personal Injury Cases
Negligence is the foundation of most California personal injury claims. To establish negligence, the plaintiff must prove: (1) the defendant owed a duty of care; (2) the defendant breached that duty; (3) the breach caused the plaintiff's injury; and (4) the plaintiff suffered damages. In vehicle accident cases, California Vehicle Code violations establish negligence per se — the violation itself proves the negligence element.
California Law Context
California personal injury law applies this concept within the framework of pure comparative fault (Li v. Yellow Cab Co., 1975), the two-year statute of limitations (CCP Section 335.1), uncapped damages for non-malpractice injuries, MICRA for medical malpractice, the Government Claims Act for government entity defendants, and the full spectrum of California personal injury legal standards across vehicle accidents, premises liability, product liability, workplace accidents, and wrongful death.
Frequently Asked Questions
What is Negligence in California personal injury law?
Negligence is the failure to exercise the degree of care that a reasonably prudent person would exercise under the same or similar circumstances, resulting in injury to another person.
How does Negligence affect a California personal injury claim?
Negligence is the foundation of most California personal injury claims. To establish negligence, the plaintiff must prove: (1) the defendant owed a duty of care; (2) the defendant breached that duty; (3) the breach caused the plaintiff's injury; and (4) the plaintiff suffered damages. In vehicle accident cases, California Vehicle Code violations establish negligence per se — the violation itself proves the negligence element.
How does this concept apply differently across the major personal injury categories in California?
Negligence applies with some variation across California personal injury categories. In vehicle accident cases, it operates within the negligence and negligence per se framework governed by the California Vehicle Code. In premises liability, it interacts with the Rowland v. Christian duty of care standard. In product liability, it applies within Greenman v. Yuba Power Products strict liability. In medical malpractice, it must be evaluated alongside MICRA's specific rules for the medical professional context. Understanding how Negligence applies to your specific injury category is essential to evaluating your California personal injury claim.