Elements Of A Negligent Act

There are four elements that an injured person must show when proving negligence:

  • the existence of a legal duty to use reasonable care,
  • failure to perform that duty,
  • damages or injury to the claimant,
  • and proximate cause relationship between the negligent act and the infliction of damages.

If you experience a "near miss" or a person is injured while on your premises, then it is important that you report the situation to your insurer.