Negligence & Claims
Elements of Florida Negligence Cases
To file a lawsuit for negligence, you need to prove that the other person was negligent and therefore liable for injury to you. In order to do this, all of the following elements must be proven:
- Duty
- Breach of Duty
- Cause in Fact
- Proximate Cause
- Damages
Types / Definitions of Negligence
- Slightly Negligent – Where someone had an expectation to exercise great care as opposed to the normal level of care expected by a typical competent person.
- Ordinarily Negligent – The failure to exercise a degree of care that a normal, competent person would.
- Grossly Negligent – When a competent person performs an action that they know could likely result in the injury of someone else.
- Culpably Negligent – Reckless and flagrant disregard of human life.
- Mixed Contributory & Comparative Negligence – A combination of contributory and comparative negligence.
- Vicarious Liability – When the defendant is held responsible for the injurious actions of another person or animal (often used when injury is caused by children or animals or when an employer is held responsible for the actions of an employee).