Negligence is a type of tort. You will also hear negligence called an unintentional tort. Negligence is legal way to describe carelessness. The defendant was not as careful as he should have been and his carelessness injured the plaintiff. The elements of a negligence claim are duty, breach, causation, and damage, meaning that the plaintiff must prove defendant owed a duty of reasonable care to the plaintiff, breached that duty, as a result of which he caused plaintiff’s injury.
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