Negligence in California

Elements

1. 1

   Duty

   The defendant owed the plaintiff a legal duty of reasonable care in the circumstances.

2. 2

   Breach

   The defendant failed to meet that standard, they did something a reasonably careful person would not, or failed to do something they would.

3. 3

   Causation

   The breach was a factual and legal (proximate) cause of the harm. Foreseeability matters.

4. 4

   Damages

   The plaintiff suffered actual harm, medical bills, lost wages, pain, property loss.

Burden of proof

Preponderance of the evidence, more likely than not.

A California fact pattern

A Los Angeles rideshare driver glances at the app at a yellow, hits a scooter in the crosswalk. Duty, breach, cause, harm. California pure comparative negligence will assign percentages rather than bar the claim at 51%.