{"id":48886,"date":"2026-09-15T23:16:56","date_gmt":"2026-09-15T23:16:56","guid":{"rendered":"https:\/\/chglawyers.com\/resources\/slip-and-fall\/what-are-the-four-things-required-to-prove-negligence\/"},"modified":"2026-10-27T15:54:18","modified_gmt":"2026-10-27T15:54:18","slug":"what-are-the-four-things-required-to-prove-negligence","status":"publish","type":"page","link":"https:\/\/chglawyers.com\/resources\/slip-and-fall\/what-are-the-four-things-required-to-prove-negligence\/","title":{"rendered":"What Are the Four Things Required to Prove Negligence?"},"content":{"rendered":"\n
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Florida Personal Injury Guide<\/p>

What Are the Four Things Required to Prove Negligence?<\/h1>

Duty, breach, causation, and damages, explained in plain language by CHG Personal Injury Lawyers, a Florida-based firm that represents people hurt in accidents across the state.<\/p>

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By CHG Lawyers \u00b7 Published October 19, 2026<\/p>\n\n

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Here is what each one means, in plain words.<\/p>\n

If you were hurt and the other side says it was your fault, this can feel overwhelming. You may be dealing with pain, bills, missed work, and questions you never expected to face. This guide explains the basics so you know what matters.<\/p>\n

What Does Negligence Mean in Plain Terms?<\/h2>\n

A driver who runs a red light, or a property owner who ignores a broken gate, may be acting carelessly. Florida courts look at the substance of an action, not just the labels a party uses, to decide whether it is a negligence action. Fla. Stat. \u00a7 768.81<\/a> describes a “negligence action” to include civil claims based on negligence and similar theories. Fla. Stat. \u00a7 768.81<\/a> describes a “negligence action” to include civil claims based on negligence and similar theories.<\/p>\n\n

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If you were hurt and someone else's carelessness is part of the story, you don't have to work through the four elements alone. Talk it through with our team — the first consultation is free, confidential, and carries no obligation.<\/p>

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Element 1: Duty of Care<\/h2>\n

The first question is whether the other party owed you a duty of care.<\/p>\n

A business owes a duty to keep its premises reasonably safe for customers.<\/p>\n

Element 2: Breach of Duty<\/h2>\n

The second question is whether the other party broke that duty.<\/p>\n

Breach is often the center of the dispute. Did the driver check traffic before turning? Did the store clean up a spill, or did it sit there for hours? Evidence like photos, video, witness statements, and records helps show what really happened. For a slip-and-fall, Florida has a specific rule. Fla. Stat. \u00a7 768.0755<\/a> says that when a person slips and falls on a transitory foreign substance in a business establishment, the injured person must prove the business had actual or constructive knowledge of the dangerous condition and should have taken action to remedy it.<\/p>\n

Element 3: Causation<\/h2>\n

The third question is whether the breach caused your injury.<\/p>\n

Medical records, accident reports, and treatment history help connect the injury to the event. Your doctors’ records are important here, so follow your doctors’ care and keep your appointments.<\/p>\n

Element 4: Damages<\/h2>\n

The fourth question is whether you suffered damages. Damages are the losses the law can compensate, such as medical bills, lost income, pain and suffering, and, in a wrongful death case, the family’s losses.<\/p>\n

Under Fla. Stat. \u00a7 768.0427<\/a>, evidence of medical expenses is handled under specific rules. Keep every bill, receipt, and record from the start.<\/p>\n

How Florida Fault Rules Can Change the Result<\/h2>\n

Under Florida’s comparative fault law, Fla. Stat. \u00a7 768.81<\/a>, if the injured person is partly at fault, the damages awarded are reduced in proportion to that share of fault, but that fault does not by itself bar recovery. Under Fla. Stat. \u00a7 768.81<\/a>, fault the claimant contributed to the injury reduces the amount awarded. It does not bar recovery on its own.<\/p>\n

The rule has a limit. Under the same statute, a party found more than 50 percent at fault for their own harm may not recover any damages. This subsection does not apply to medical negligence claims under chapter 766.<\/p>\n

Florida also divides damages by each party’s share of fault. Under Fla. Stat. \u00a7 768.81<\/a>, the court enters judgment against each liable party based on that party’s percentage of fault. This matters in negligence cases with several defendants, such as a truck crash involving a driver and a company, or a violent attack involving a property owner and a third party, but the section does not apply to any action based upon an intentional tort.<\/p>\n\n

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Not sure what your next step is?<\/h3>

Talk it through with our team — the first consultation is free, confidential, and carries no obligation.<\/p>

Get a free consultation<\/a><\/div>
Get a free consultation<\/a><\/div><\/div>\n<\/div>\n

Deadlines Apply<\/h2>\n

Florida sets deadlines for filing a lawsuit. Under Florida law, an action founded on negligence generally must be commenced within two years. Deadlines apply to every case, and missing one can end a claim. Contact a lawyer promptly so the deadline does not slip by.<\/p>\n

Federal and Maritime Rules Work Differently<\/h2>\n

Fault rules can change depending on the type of case. Under 46 U.S.C. \u00a7 30304<\/a>, a decedent’s contributory negligence is not a bar in certain high-seas death cases. The court reduces the recovery based on the degree of negligence.<\/p>\n

These federal rules apply to specific kinds of cases.<\/p>\n

Frequently Asked Questions<\/h2>\n

Every case is different. Our team can explain how these questions apply to your situation during your free, confidential initial consultation. When you talk with our team, it can help to share what happened, who was involved, and how the injury has changed daily life for you and your family.<\/p>

Can I still recover if I was partly at fault?<\/summary>

Under Florida law, your own fault reduces your award.<\/p><\/details>

How long do I have to file a Florida injury lawsuit?<\/summary>

Deadlines for filing an injury lawsuit in Florida can be strict and vary by the type of claim. Contact our team promptly so we can review your situation. Contact a lawyer promptly.<\/p><\/details>

Do I owe anything if my case is not successful?<\/summary>

CHG charges no attorney’s fees and no case costs unless there is a recovery.<\/p><\/details>\n

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Talk With CHG Personal Injury Lawyers<\/h2>\n

If you were hurt and someone else’s carelessness is part of the story, you don’t have to work through the four elements alone. CHG Personal Injury Lawyers is a Florida-based personal injury firm, and our team can review your facts. Our initial consultation is free, confidential, and carries no obligation to continue. Contact CHG Personal Injury Lawyers<\/a> to start the conversation.<\/p>\n\n<\/article>\n