Insurance · Commercial General Liability

What is 'negligence' and what are its basic elements in a liability claim?

Correct answer

Failure to exercise reasonable care, resulting in harm — its elements are duty, breach of duty, causation, and damages; all four must be present for a negligence claim

  1. A An intentional crime
  2. B Failure to exercise reasonable care, resulting in harm — its elements are duty, breach of duty, causation, and damages; all four must be present for a negligence claim
  3. C A type of insurance policy
  4. D A government regulation

Why this is the answer

NEGLIGENCE: The failure to exercise the REASONABLE CARE that a prudent person would under similar circumstances, resulting in harm to another. FOUR ELEMENTS (all required): (1) DUTY — the defendant owed a legal duty of care to the plaintiff; (2) BREACH — the defendant breached that duty (failed to act with reasonable care); (3) CAUSATION — the breach actually and proximately CAUSED the harm; (4) DAMAGES — the plaintiff suffered actual harm/loss; ALL FOUR must be proven for a successful negligence claim; DEFENSES: comparative/contributory negligence (the plaintiff's own fault reduces or bars recovery); assumption of risk; COMPARATIVE NEGLIGENCE: damages reduced by the plaintiff's percentage of fault; LIABILITY INSURANCE: Responds to negligence claims (defense and damages); negligence is the basis of most liability claims — understanding the four elements (duty, breach, causation, damages) is fundamental casualty/liability exam content, as liability coverage exists primarily to respond to negligence claims against the insured.
Source: Casualty Insurance — Liability, Elements of Negligence

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