When you are injured in California, you may be able to file a personal injury lawsuit to recover damages. Personal injury law in California is based on the theory of negligence. To win a negligence case, you must show that the defendant owed you a duty of care, that the defendant breached that duty, and that the defendant’s breach caused your injuries.

In order to win a negligence case, the plaintiff (the injured person) must prove the following four elements:

• Duty – The defendant owed a legal duty to the plaintiff under the circumstances;
• Breach – The defendant broke the legal obligation by acting or failing to act in a certain manner;
• Causation – Plaintiff’s injury was caused by the defendant’s actions (or inaction); and
• Damages – The plaintiff was injured by the defendant’s actions.

Without at least one of these four elements, the court may conclude there was no negligence.