Understanding the Legal Definition of Negligence in California

October 14, 2025

Understanding the Legal Definition of Negligence in California

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.

Woman with light brown hair, hands on head, eyes closed, showing a distressed expression.
September 22, 2025
Learn about California paid sick leave laws, what benefits you’re owed, and how to claim them. The Law Offices of David R. Denis, P.C. assists Los Angeles workers in protecting their rights.
Gavel and scales of justice on a wooden desk, with folders in the background.
August 20, 2025
Learn who can file a wrongful death lawsuit in California. The Law Offices of David R. Denis, P.C. helps Los Angeles families seek justice and financial recovery after the loss of a loved one.
A person is holding a one dollar bill in their hands
July 22, 2025
Learn how compensation is calculated in a California personal injury case, including economic and non-economic damages, and how comparative fault affects your claim.
A man is writing on a piece of paper with a pen.
June 19, 2025
Before signing a severance agreement in California, know your rights. Learn what to look for and how the Law Offices of David R. Denis, P.C. in Los Angeles can help you review and negotiate fair terms.
A man is riding a red motorcycle down a road.
May 16, 2025
Motorcycle accident claims in California involve unique challenges, from serious injuries to legal biases. Learn how the Law Offices of David R. Denis, P.C. helps Los Angeles motorcyclists navigate these complex cases.
A man in a suit and white shirt is reaching out to shake someone 's hand.
April 30, 2025
Injured at work in California? Learn the 5 essential steps to take after a workplace injury and how the Law Offices of David R. Denis, P.C. in Los Angeles can help you navigate your workers’ comp claim.
A yellow sign that says caution wet floor cleaning in progress
March 25, 2025
Discover when a property owner is liable for slip and fall injuries in Los Angeles. Learn how the Law Offices of David R. Denis, P.C. can help you secure compensation after an accident.
February 24, 2025
Learn how to recognize workplace discrimination in Los Angeles and take action to protect your rights. The Law Offices of David R. Denis, P.C. provides legal assistance to employees facing unfair treatment.
February 1, 2025
Understanding the Statute of Limitations for Workers' Compensation Claims in California
A bicycle is locked to a railing on the side of the road.
December 21, 2024
When to Speak with an Attorney About a Bicycle Accident Bicycle accidents can happen in an instant, leaving riders with serious injuries, medical bills, and emotional distress. If you’ve been involved in a bike accident, it’s crucial to understand when to speak with an attorney. Legal advice can help you assess your situation, secure compensation, and protect your rights, especially if you’ve been injured due to another party's negligence. When Injuries Are Serious If you’ve sustained serious injuries, it’s important to consult an attorney right away. Severe injuries, such as broken bones, head trauma, or spinal injuries, may require long-term medical treatment and rehabilitation. An attorney can help you understand your legal rights and ensure you receive the compensation needed to cover these expenses and any loss of income caused by your injuries. When the Accident Was Caused by Another Party’s Negligence If the accident was caused by another party’s actions, such as a driver failing to yield, running a red light, or driving under the influence, you may be entitled to compensation for your injuries. An attorney can investigate the circumstances of the accident, collect evidence, and build a case against the responsible party. This is especially important if the other party or their insurance company tries to deny liability. When You Are Unsure of Your Insurance Coverage In many cases, insurance coverage can be a complicated matter, particularly if you are unsure about the details of your policy. An attorney can review your insurance policy and help you understand what’s covered. If your insurance company offers insufficient compensation or tries to undervalue your claim, your attorney will advocate on your behalf to ensure that you receive fair treatment. When Dealing with Insurance Companies Dealing with insurance companies after a bicycle accident can be a frustrating experience. Insurance companies often try to minimize the payout to protect their bottom line. Having an attorney on your side ensures that you don’t settle for less than what you deserve. They will handle negotiations and represent your best interests to secure a fair settlement.  Speaking with an attorney after a bicycle accident can make a significant difference in the outcome of your case. Whether you’ve suffered serious injuries or are struggling with the aftermath of a complex insurance claim, an experienced attorney can guide you through the process and fight for the compensation you deserve. Don’t hesitate to seek legal counsel to ensure that your rights are protected and you receive the justice you deserve.