What Are the Five Elements of Negligence?

How to Prove Negligence in a Personal Injury Case

Proving negligence is critical when you are seeking compensation after a personal injury. Often, the only way to receive compensation is to show that someone else was negligent and that their negligence led to your injury, according to a Las Vegas personal injury law firm. In Nevada, five elements of negligence must be proven for you to be eligible for compensation.


Defendant Owed a Duty

A personal injury law firm in Las Vegas explains that the defendant, in your case, must have owed a duty of care. In modern society, everyone owes other people a duty of care to prevent injury. People must use reasonable care to avoid injury to another person and, if it can be proven that the person did not exercise reasonable care, they may be considered negligent.


Breach of Duty

It is not enough to prove that you were owed a duty of care. A Las Vegas personal injury law firm also says you must prove that the person you claim was negligent breached that duty. One of the biggest questions that must be answered is whether the defendant could see the risk of harm and, as a result, preventing the damage from happening. It is possible the court could also look at ways you could have avoided the injury by taking a different action, such as not walking across a wet floor.


Cause in Fact

Once it has been determined that you were owed a duty and that duty was breached, a personal injury law firm Las Vegas explained that you must prove that the actions of the defendant lead to your injury. This is sometimes known as the “but for” rule where you must ask yourself if the injury would have occurred “but for” the actions of the defendant. For example, if you were hit by a drunk driver and injured, that injury would not have occurred but for the actions of the driver. However, if you are hit by a drunk driver and are then hit by a second driver who was not paying attention, it would be more challenging to prove that the first driver is responsible for your injuries.


Proximate Cause

In addition to the cause, you must also prove the negligent event was sufficiently related to your injuries that the person should be held responsible for those injuries.



Finally, according to a Las Vegas personal injury law firm, you must prove that you were harmed. If you have shown that the defendant failed to exercise reasonable care, but you did not suffer any actual harm, there is no legal negligence. If you were struck by a drunk driver and sustained no injuries or property damage, there is no legal negligence, and you may not be able to seek any damages from the courts.

If you have been injured in an accident, contact the Schnitzer Law Firm today. Our personal injury law firm in Las Vegas can help you get the compensation you deserve. You can arrange for an obligation appointment by calling 702-960-4050, emailing Contact@TheSchnitzerLawFirm.com, or filling out the secure online form.