Negligence
Entries across the digest that deal with negligence.
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Injury & Liability
Negligence: Duty, Breach, Causation, and Damages
Negligence requires duty, breach, actual and proximate cause, and damages. Every element must be proved, and each is defined by the law of the state where the injury happened.
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Injury & Liability
Comparative and Contributory Fault: How States Divide Blame
An injured person's own carelessness reduces or destroys recovery depending on which of three systems the state uses. The percentage that bars a claim is the single most important local rule.
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Injury & Liability
Premises Liability: Invitees, Licensees, and Trespassers
Premises liability traditionally sorts entrants into invitees, licensees, and trespassers, each owed a different duty. A substantial minority of states now applies one reasonableness standard instead.
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Injury & Liability
Dram Shop and Social Host Liability for Alcohol Service
Dram shop statutes make licensed sellers liable for serving visibly intoxicated or underage patrons. Social host liability is narrower and in many states limited to service to minors.
