CACI No. 400-Negligence

[Name of plaintiff] claims that [he/she/nonbinary pronoun] was harmed by [name of defendant]’s negligence. To establish this claim, [name of plaintiff] must prove all of the following:

1. That [name of defendant] was negligent;

2. That [name of plaintiff] was harmed; and

3. That [name of defendant]’s negligence was a substantial factor in causing [name of plaintiff]’s harm.

Sources and Authority

“Although it is true that some exceptions have been made to the general principle that a person is liable for injuries caused by his failure to exercise reasonable care in the circumstances, it is clear that in the absence of statutory provision declaring an exception to the fundamental principle enunciated by section 1714 of the Civil Code, no such exception should be made unless clearly supported by public policy.” (Rowland v. Christian (1968) 69 Cal.2d 108, 112 [70 Cal.Rptr. 97, 443 P.2d 561].)

“‘The elements of a cause of action for negligence are well established. They are “(a) a legal duty to use due care; (b) a breach of such legal duty; [and] (c) the breach as the proximate or legal cause of the resulting injury.”’” (Ladd vs. County of San Mateo (1996) 12 Cal4th 913, 917 [50 Cal.Rptr.2d 309, 911 P.2d 496].)

“Breach is the failure to meet the standard of care.” (Coyle v. Historic Mission Inn Corp. (2018) 24 Cal. APp.5th 627, 643 [234 Cal.Rptr.35 330].)

“The element of causation requires there to be a connection between the defendant’s breach and the plaintiff’s injury.” (Coyle, supra, 24 Cal.App.5th at p.645.)

Pacific Coast Injury Lawyer, APC is a local, Santa Cruz injury law firm with the knowledge and experience necessary to prove your Negligence case. If you have been injured due to the Negligence of another in a car crash, slip and fall, trip and fall, or other type of accident, contact us today.