Negligence
Back to: TelaClaims Adjuster I – Insurance Basics for Adjusting a Claim
Negligence:
Failure to use a reasonable degree of care in a particular situation; includes both wrongful acts and acts of omission.
- Negligence is the legal cause of damages if the negligent act directly caused those damages.
- Liability insurance indemnifies the third party for the damages caused by the policyholder.
- Liability Insurance never covers intentional acts of wrongdoing on the part of the insured.
Vicarious Liability:
The transfer of negligence from one party to another.
Often applies to:
- Employers: If Harry’s negligent act takes place at work, his employer is vicariously liable for his actions
- Parents: If Harry is under the age of 18, his parents are vicariously liable for his actions
Four Elements of Negligence
- The defendant had a legal duty to act (or not act) in a prescribed manner
- The defendant failed to act accordingly (called a breach of duty)
- The plaintiff suffered actual loss or injury due to the defendant’s action or inaction
- The loss or injury to the plaintiff was a direct result of the breach of the duty of the defendant