Negligence Generally, in Order to Sustain a Term Paper

Negligence

Generally, In order to sustain a cause of action for negligence, a plaintiff must establish that the defendant owed him a duty of care, that the defendant breached that duty of care by his negligent commission of an action (or by his negligent omission of action), and that the defendant's breach of that duty of care was the proximate cause of tangible harm to the plaintiff (Dobbs, 2001).

In addition, and depending on the particular statutes in the state where the events occurred, the plaintiff may also have to establish that his own negligence was less than that of the defendant in order to recover at all. In other states, the negligence of the plaintiff will not necessarily preclude his recovery, but any award may be reduced by whatever percentage he is deemed responsible for his damages by virtue of his own contributory negligence.

Classes of Harm and Persons:

In negligence causes of action to recover damages for negligence based on a theory of failure to meet established safety standards, a plaintiff must establish that he was within the class of persons intended to be protected by those safety standards, and that the type of harm he suffered is the type of harm against which those safety standards were intended and designed to protect (Dobbs, 2001).For example, Federal law may require buildings of certain heights to maintain warning lights on their roofs, to safeguard against low-flying aircraft. Likewise, local ordinances within many jurisdictions require that landlords provide safety banisters and appropriate lighting within common areas of multiple dwelling units, for the safety of residents. Where a low-flying aircraft crashes into a rooftop as a result of a negligent landlord's failure to replace a burnt out warning light, his negligence could give rise to numerous causes of actions based in negligence, because the harm that ensued was precisely….....