Craig D. Rosenbaum | January 15, 2026 | Personal Injury
Most personal injury cases hinge on the concept of negligence. To recover damages after an accident, you must show that someone’s carelessness caused your injuries. But what exactly does negligence mean?
In Brooklyn, New York, the answer involves four core elements of negligence: duty of care, breach of duty, causation, and damages. This article explains those elements in clear terms and provides examples to help you understand when someone may be legally responsible for your injuries.
1. Duty of Care
Proving negligence typically begins with establishing a duty of care, which is a legal obligation to act in a manner that avoids causing harm to others. Whether someone owes you a duty depends on the nature of the relationship and the context.
For example, drivers are expected to operate their vehicles safely and follow traffic laws. Property owners are required to maintain their premises in a reasonably safe condition for visitors. If a person has a legal duty to act cautiously and fails to do so, they may be liable for injuries that result.
2. Breach of Duty
Once you establish that a duty of care existed, you must show that the defendant breached that duty. A breach occurs when the defendant fails to act with the caution that a reasonable person would exercise under similar circumstances.
Examples include texting while driving, allowing a dog to bite someone, leaving a hazardous condition on property, or failing to fix broken stairs. In each scenario, the person didn’t do what a reasonable person would have done to prevent harm.
3. Causation
Proving causation means showing that the defendant’s breach directly caused your injuries.
There are two parts to this element:
- Cause in fact (actual cause): The injury must be a direct result of the defendant’s actions. For example, a driver hits a pedestrian because they were not paying attention. If the driver had been attentive, the pedestrian would not have been hurt.
- Proximate cause: The harm must be a foreseeable result of the defendant’s conduct. If it’s reasonable to foresee that your actions could cause someone’s injury, you can be held responsible.
In many cases, plaintiffs must provide medical records, expert testimony, and other evidence to prove causation.
4. Damages
Even if you prove duty, breach, and causation, you must also show that you suffered damages—actual losses because of the defendant’s actions. Damages can include both economic (financial) losses, such as medical bills or lost wages, and non-economic (personal) losses, such as pain and suffering or emotional distress.
Courts award money to compensate victims for these losses. Without measurable damages, a negligence claim typically cannot succeed.
Evidence Needed to Prove Negligence
Proving negligence requires strong evidence. Helpful proof includes photos of the accident scene, police reports, witness statements, video footage, and expert testimony. An attorney may also collect medical records and repair estimates to establish the extent of your damages.
Gathering this evidence early strengthens your case and makes it easier to negotiate with insurance companies or present your claim in court.
Contact Our Brooklyn Personal Injury Lawyers at Rosenbaum Meier Personal Injury Lawyers for a Free Consultation
For more information, please contact Rosenbaum Meier Personal Injury Lawyers to schedule a free consultation. We have three convenient locations around Manhattan, NY, near you in New York City, The Bronx, and Brooklyn.
Rosenbaum Meier Personal Injury Lawyers – New York City Office
100 Wall St 24th Floor, New York, NY 10005
(212) 514-5007
Rosenbaum Meier Personal Injury Lawyers – Bronx Office
1578 Williamsbridge Rd suite 3b, Bronx, NY 10461
(212) 514-5007
(917) 905-2339
Rosenbaum Meier Personal Injury Lawyers – Brooklyn Office
32 Court St #704, Brooklyn, NY 11201
(212) 514-5007
(917) 920-7332
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