What is Negligence? Gainesville Accident Attorney Explains.

Negligence occurs when a victim is injured because of another's negligent action, misconduct, or failure to act. Sometimes, negligence is defined as the doing of something that a reasonably prudent person would not do under similar circumstances.


A relative term:

Negligence is a relative term that depends on the facts and circumstances in each specific case. An acceptable act or omission in one case may be considered negligent in another. Different defendants may be held to different standards of care, based on level of knowledge and risk involved.


Negligence cases:

Generally, negligence is a dominant cause of action that is the basis for:

  • personal injury;
  • wrongful death;
  • slip and fall;
  • dog bite; or
  • other accident suits.


The elements explained:

There are four essential elements that a Plaintiff must prove in a negligence case:

  • 1. Duty;
  • 2. Breach of Duty;
  • 3. Causation; and
  • 4. Damages.


Specifically, a claimant must first demonstrate that the defendant owed a duty, or obligation, requiring the defendant to conform to a certain standard of conduct, for the protection of others against unreasonable risks. Second, the claimant must establish that the defendant failed to conform to that duty. Third, there must be a reasonably close causal connection between the misconduct and the resulting injury to the claimant. Lastly, the claimant must demonstrate some actual harm or injury. (Williams v. Davis, 974 So. 2d 1052 (Fla. 2007))


Negligent misconduct, alone, without the other elements, is not enough to bring a cause of action. Proof of all four elements is necessary to recover damages.


Public policy:

Public policy behind negligence aims to allow members of society to live in peace and safety. People who act in a manner likely to injure another should be held accountable for the reasonably foreseeable consequences of their negligent conduct, if they actually damage another.


Comparative negligence:

Keep in mind that in Florida, fault for negligence may be apportioned to more than one defendant or may even be shared by the plaintiff. Comparative negligence may even reduce a plaintiff's recovery.

Please consult an experienced accident attorney when seeking representation in a negligence action. The facts and circumstances of each case are individual and distinct. A skilled, experienced attorney is essential in obtaining a fair award to compensate for a victim's injuries. Feel free to contact me, Jeffrey Meldon, online or by phone at 800 373 8000 for a free consultation.

For more information:

Comparative negligence explained and how it affects car accident victims


Common driving distractions and Florida's comparative negligence


Do I have a wrongful death claim? Gainesville and Ocala accident attorney helps answer





We at the Law Office of Jeffrey Meldon and Associates strongly believe that public education is the first step in the prevention of an accident or in the recovery from one.  

We are experienced personal injury attorneys, trial lawyers, negotiators, litigators, paralegals, and staff that have been proudly working to get accident victims the justice they deserve for over 30 years in Gainesville, Ocala, Lake City, Inverness, and the rest of North Central Florida and North Florida. Accidents involving a car crash, truck wreck, and motorcycle, bicycle, or pedestrian accidents, dog bites, slip and falls and medical malpractice are all included in our practice.

Based on Jeffrey Meldon's, founder of The Law Office of Jeffrey Meldon & Associates, over 30 years of helping accident victims get justice and a fair shake from the insurance companies, he has written the consumer guide book, Seven Mistakes That Can Wreck Your Florida Accident Case.  You can request your free, no obligation copy right now, or contact our office for your complimentary copy sent to you today.

Contact the Law Office of Jeffrey Meldon at (800) 373-8000 or (352) 373-8000 immediately if you have been involved in a serious auto, truck, or motorcycle accident.  We are in your community, have the experience and resources required to work towards obtaining a fair settlement for you - we are here to help you.

We proudly handle accidents that occur on all roads and in the areas including: I-75, I-10, I-95, U.S. Route 301, U.S. Route 441, State Road 40, State Road 26, State Road 24, Archer Road, Main St, and University Avenue.  Our law firm has  been representing accident victims in Gainesville, Ocala, Lake City, Inverness, Palatka, Crystal River, Daytona Beach, Interlachen, Spring Hill, Dunnellon, Bunnell, Live Oak, Starke, Jasper, Cross City, Perry, Trenton,  Leesberg,  Lake Butler,  Tavares, Chiefland, Bronson, Brooksville, The Villages and the counties of Alachua, Marion, Columbia, Citrus, Volusia, Sumter, Levy, Lake, Bradford, Flagler, Hamilton, Dixie, Gilchrist, Union, Hernando, Suwannee, Union, and Putnam, and, since 1971!