Negligence is the breach of a legal duty to take care, resulting in damage to the plaintiff.
1. Three Essential Elements
- Duty of Care: The legal duty to take care owed by the defendant. Established by Lord Atkin in Donoghue v. Stevenson (1932) under the Neighbor Principle (take reasonable care to avoid acts that you can reasonably foresee would injure your neighbor).
- Breach of Duty: Failure to act as a reasonable, prudent person would under the circumstances.
- Consequent Damage: Actual legal damage caused as a direct consequence of the breach.
2. Res Ipsa Loquitur
The Latin maxim translates to: "The thing speaks for itself." A rule of evidence where the court presumes negligence without direct proof, shifting the burden of proof to the defendant (e.g., surgical scissors left in a patient).
3. Contributory Negligence
When the plaintiff fails to take reasonable care for their own safety, contributing directly to the accident.