Negligence
Negligence is the failure to exercise reasonable care, resulting in harm to another. It requires duty, breach, causation, and damages.
Overview
Negligence is the cornerstone of tort law and the most frequently tested topic on law school exams. A negligence claim requires the plaintiff to prove four elements: (1) the defendant owed a duty of care to the plaintiff; (2) the defendant breached that duty by failing to act as a reasonably prudent person would under the circumstances; (3) the breach was the actual and proximate cause of the plaintiff's injury; and (4) the plaintiff suffered legally cognizable damages.
The standard of care is objective — measured by what a reasonable person would do, not what the particular defendant thought was appropriate. Courts use tools like the Learned Hand formula (B < PL) from United States v. Carroll Towing to assess whether the burden of precaution was less than the probability of harm multiplied by the severity of injury.
Duty analysis varies by jurisdiction. Some courts use foreseeability-based tests (Palsgraf's majority opinion), while others adopt a universal duty of reasonable care (Rowland v. Christian). Special duty rules apply to landowners, professionals, and those who create or assume risks.
Causation has two components: cause-in-fact (but-for causation or substantial factor test) and proximate cause (legal cause, limiting liability to foreseeable consequences). The interplay between Palsgraf's competing opinions — Cardozo's foreseeability-based duty analysis versus Andrews's proximate cause approach — remains central to negligence law.
Key Takeaway
Every negligence question requires methodical analysis of all four elements: duty, breach, causation, and damages. Missing any one is fatal to the claim.
Exam Tip
On exams, always structure your answer around the four elements. Spend extra time on duty (does one exist and what is its scope?) and proximate cause (was the harm foreseeable?). The Learned Hand formula is your go-to for breach analysis.
Landmark Cases (15)
Frequently Asked Questions
What are the four elements of negligence?
The four elements are: (1) Duty — the defendant owed a legal obligation of care to the plaintiff; (2) Breach — the defendant failed to meet the standard of care; (3) Causation — the breach was the actual and proximate cause of injury; (4) Damages — the plaintiff suffered actual harm.
What is the Learned Hand formula?
The Learned Hand formula (B < PL) from United States v. Carroll Towing Co. states that a defendant is negligent if the burden of adequate precautions (B) is less than the probability of harm (P) multiplied by the gravity of the resulting injury (L).
What is the difference between actual cause and proximate cause?
Actual cause (cause-in-fact) asks whether the harm would have occurred 'but for' the defendant's conduct. Proximate cause limits liability to harms that are a foreseeable result of the defendant's negligence, preventing infinite chains of liability.
How does Palsgraf v. Long Island Railroad define duty in negligence?
In Palsgraf, Judge Cardozo held that a defendant owes a duty of care only to foreseeable plaintiffs — those within the zone of danger created by the defendant's conduct. Judge Andrews, dissenting, argued duty is owed to the world at large, with liability limited by proximate cause.
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