A negligence claim consists of the following elements: duty, breach of that duty, causation, and damages. Negligence is not the same as carelessness. Rather, negligence is conduct that falls short of what a reasonable person would do to protect another from foreseeable risks of harm. All of the elements must be proved by the plaintiff in order to recover under a negligence claim. Thus, a deviation from the standard of care that results in no injury is not recoverable under the law. A defendant may test the ability of the plaintiff to prove one or more of these elements by motion to dismiss, motion for summary judgment, or demurrer. Types of damages applicable to negligence cases include special damages (quantifiable dollar losses that could be substantiated by an invoice, receipt, or other document), general damages (those which cannot be quantified in monetary terms, such as pain and suffering), and in rare cases, punitive damages (damages that are for the purpose of punishing the wrongdoer).

Common Types of Negligence Cases Include:

• Inadequate supervision
• Negligent hiring of employees
• Negligent retention of employees
• Negligent infliction of emotional distres