Negligence

Failure to use reasonable care, resulting in harm to another person or their property.

Negligence means someone failed to act with the level of care that a reasonable person would use in the same situation, and that failure caused harm to someone else. To prove negligence, you must show four things: the other person had a duty of care, they breached that duty, their breach caused your injury, and you suffered actual damages.

Minnesota follows a “modified comparative fault” system. This means that if you were partly at fault for your own injury, your compensation is reduced by your percentage of fault. However, if you are found to be 50% or more at fault, you cannot recover any damages at all.

Why it matters: Negligence is the legal basis for most personal injury claims. Understanding it helps you know whether you have a valid claim if you are injured, or what your responsibilities are if someone is injured because of your actions.

Example: A driver runs a red light and hits another car. The driver who ran the light was negligent because a reasonable driver would have stopped. The injured driver can sue for medical bills, lost wages, and pain and suffering.

When you might see this term

Personal injury lawsuits, car accident claims, slip-and-fall cases, medical malpractice

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