Street Law: A Course in Practical LawChapter 20:
NegligenceCases and ResourcesElements of Negligence
Duty and Breach
Causation
Damages
Defenses to Negligence Suits Elements of Negligence
Understanding Negligence Law
Read this easy-to-understand article about the law of negligence. How did the concept of negligence emerge? What types of cases deal with negligence law? To prove a tort of negligence, you must show that there was a duty, a breach of that duty, causation, and damages. Titanic Negligence Suit
Read a complaint filed for a passenger who died when the Titanic sank. Note how each element of the complaint is explained separately by the plaintiff. Back to Top Duty and Breach
FindLaw: Duty and Breach
Before someone can be found guilty of negligence, it must be decided if that person had a duty to the injured person. Explore this explanation of negligence, then click on the links to learn more about the reasonable person theory and other topics in negligence. Social Host Liability
When an adult serves alcohol in his or her own home, the adult may be liable for damages that occur. Read this brochure from Massachusetts and learn about host liability. What do people need to keep in mind when serving alcohol at home? Back to Top Causation
Proving Causation
After the first two requirements in a negligence case are established—the existence of a duty and a breach of that duty—the plaintiff in a negligence case must prove causation. Back to Top Damages
Definition of Damages
Once duty, breach, and causation are proven, a plaintiff in a negligence case must prove that he or she was damaged in some way. The plaintiff can collect different kinds of damages for different types of negligence actions. Money awards are not the only type of damages that can be sought. What are some other types? Back to Top Defenses to Negligence Suits
Contributory and Comparative Negligence
Read about the difference between contributory and comparative negligence as possible defenses to negligence. What is the law in your state? Tobacco Lawsuits: Example of Defenses to Negligence Suits
Read several articles about the lawsuits against tobacco companies. Were the tobacco companies negligent in selling cigarettes? What types of defenses could the tobacco companies raise? Opposition to Tobacco Suits
Read an article opposing negligence suits against tobacco companies, and decide which side of the argument you think presents a more convincing case. Back to Top  | 
