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  2. Negligence - Wikipedia

    en.wikipedia.org/wiki/Negligence

    To successfully pursue a claim of negligence through a lawsuit, a plaintiff must establish the "elements" of negligence. In most jurisdictions there are four elements to a negligence action: [5] duty: the defendant has a duty to others, including the plaintiff, to exercise reasonable care,

  3. Tort - Wikipedia

    en.wikipedia.org/wiki/Tort

    The elements of liability under the actio iniuriarum are as follows: harm, in the form of a violation of a non-patrimonial interest (one's corpus, [q] dignitas [r] and fama [s]); wrongful conduct; and; intention. There are five essential elements for liability in terms of the actio legis Aquiliae: The harm must take the form of patrimonial loss.

  4. Medical malpractice in the United States - Wikipedia

    en.wikipedia.org/wiki/Medical_malpractice_in_the...

    A plaintiff must establish all five elements of the tort of negligence for a successful medical malpractice claim. [11] A duty was owed: a legal duty exists whenever a hospital or health care provider undertakes care or treatment of a patient. A duty was breached: the provider failed to conform to the relevant standard care.

  5. Negligence per se - Wikipedia

    en.wikipedia.org/wiki/Negligence_per_se

    Negligence per se is a doctrine in US law whereby an act is considered negligent because it violates a statute (or regulation). The doctrine is effectively a form of strict liability . Negligence per se means greater liability than contributory negligence .

  6. United States tort law - Wikipedia

    en.wikipedia.org/wiki/United_States_tort_law

    Tice. [5] For example, Dan and Dave both negligently fire their shotguns at Paula. Paula is struck by only one pellet and it is impossible to determine which gun it was fired from. Using the but for test alone, Dan and Dave can both escape liability. Dan can say that but for his own negligence, Paula still might have suffered the same harm.

  7. Outline of tort law - Wikipedia

    en.wikipedia.org/wiki/Outline_of_tort_law

    Duty of care – Liability arises when a tortfeasor fails to observe a duty of care toward the claimant. With regard to liability for landowners, the duty to visitors in tort law is dependent on how the claimant entered the land: Trespasser – A person who is trespassing on a property without the permission on the owner. Conversely, the status ...

  8. Legal malpractice - Wikipedia

    en.wikipedia.org/wiki/Legal_malpractice

    Negligence by the attorney, A loss or injury to the client caused by the negligence, and; Financial loss or injury to the client. To satisfy the third element, legal malpractice requires proof of what would have happened had the attorney not been negligent; that is, "but for" the attorney's negligence ("but for" causation). [3]

  9. Res ipsa loquitur - Wikipedia

    en.wikipedia.org/wiki/Res_ipsa_loquitur

    For example, if the negligence of the other is 95% of the cause of the plaintiff's injury, and the plaintiff is 5% responsible, the plaintiff's slight fault cannot negate the negligence of the other. The new type of split liability is commonly called comparative negligence.