Section 1: What is Negligence?

Lesson 2: The Elements of Negligence

In Lesson 1, you were asked to think about what does and what doesn't constitute negligent behaviour. When lawyers talk about negligence, they speak of the elements that have to be present in any act, or any failure to act, that make it negligent behaviour for which the person involved may be held liable. The first element that must be present to pursue a case of negligence is commonly known as duty to care -  a legal obligation or responsibility of a person or organization to avoid acts or omissions (which can be reasonably foreseen) to be likely to cause harm to others. There are five elements that are required to establish a case of negligence:
1. the existence of a legal duty to exercise reasonable care (duty of care);
2. a failure to exercise reasonable care;
3. cause in fact of physical harm by the negligent conduct;
4. physical harm in the form of actual damages;
5. proximate cause, a showing that the harm is within the scope of liablilty

You may negligently be throwing rocks in a park, or you may carelessly allow your sidewalk to ice over; but if you don't hit anyone with a rock or no one falls on your sidewalk, you won't be legally guilty of negligence. Why? Because no harm or loss was suffered.

Check your knowledge by completing Something to Think About 3 on the next page.