When someone is injured because of another person’s carelessness, the legal concept of negligence often comes into play. In California, negligence forms the foundation of most personal injury cases, determining who is responsible for the harm and how damages are awarded. Understanding how the law defines negligence can help you recognize when you have a valid claim.

What Is Negligence in California?

Negligence occurs when a person or entity fails to act with the level of care that a reasonably prudent person would use in similar circumstances. California follows the “duty of care” principle, which requires individuals to act in a way that avoids causing foreseeable harm to others.

To prove negligence in California, four key elements must be established:

1. Duty of Care: The defendant had a legal obligation to act safely or responsibly toward the plaintiff.
2. Breach of Duty: The defendant violated that obligation through action or inaction.
3. Causation: The defendant’s breach directly caused the injury or harm.
4. Damages: The plaintiff suffered measurable losses such as medical bills, lost income, or pain and suffering.

Comparative Negligence in California

California uses a pure comparative negligence rule, meaning even if you are partly at fault for your injury, you can still recover compensation. However, your recovery will be reduced by your percentage of fault. For example, if you are found 25% responsible, your compensation will be reduced by 25%.

Examples of Negligence

Common cases involving negligence include car accidents, slip and falls, medical malpractice, and construction site injuries. Each case depends on whether the defendant acted reasonably under the circumstances.

Why Legal Guidance Matters

Proving negligence requires gathering evidence, analyzing liability, and calculating fair compensation — all of which can be complex under California law. At Law Offices of David R. Denis, P.C., we can provide legal assistance to the Los Angeles public in pursuing personal injury claims and ensuring that your rights are protected.