In California, as in other states, the plaintiff must be able to demonstrate the following elements in order to prove negligence on the part of the defendant: The defendant had a duty (to either commit an act or refrain from committing an act) The defendant breached this duty (was “negligent” in his or her duty) The defendant’s breach of duty caused the plaintiff’s injury(ies) The defendant’s actions were the proximate cause of the injuries (in other words, the defendant should have foreseen the dangers of his or her action or inaction) The plaintiff suffered actual damages (such as the cost of rehab, lost wages, pain and suffering, etc.)
