Defining Negligence

Negligence as a law term is defined as “failing to take proper care resulting in damage or injury to another.” This broad standard can be interpreted many different ways. This is why it is important that you collect evidence corresponding to the four major elements of negligence: Duty, Breach, Causation, and Damages.


The duty element of negligence is a person or company’s legal responsibility to take proper care and precautions when putting a client in a potentially harmful situation. Duties can be defined in law or seen as common principles, such as the duty to not purposefully drive into the back of another’s car, or the duty to put out a camping fire so it does not spread. When a company or person has violated their duty, this is called a breach.


When a person or company does not follow their duty to exercise care and caution and causes someone to get injured, their negligence is considered a breach. If you feel that the negligence, recklessness, or intentional action of a person or company contributed to your injury, please contact us for a free case evaluation.


Breaching one’s duty to provide a harm-free environment is often not enough to support your case. There has to be an injury obtained by that negligence with causation. Causation is the link between the breach of duty and the injury that it caused. There has to be a link between the breach and injury to have a solid case. If you aren’t harnessed properly on the rope swing and you break your foot later that day there is no causation, however if you aren’t harnessed properly and you break your foot from falling off the swing, you may have the grounds for causation necessary to file a strong case.


Suffering an actual injury because of the other party’s negligence is an important factor in your case. You want to ensure your injury is well documented so that you have the evidence you need to support your claims. You can then sue for economic damages (lost wages, medical bills, etc.) and non-economic damages (pain and suffering, etc.) as a result of the injury caused by the responsible party’s breach of duty.

If you have been seriously hurt or injured because of someone else’s negligence, contact a personal injury lawyer Salt Lake City, UT trusts. If this is your first time dealing with a legal matter, we understand that it can be confusing and difficult. At Rasmussen & Miner it is our goal to help you feel informed and comfortable throughout this process. If you think you may qualify for compensation based on an injury obtained from someone else’s negligence, speak to a personal injury lawyer Salt Lake City UT relies on to get you the results that accident victims deserve.