To prove negligence in California, a plaintiff must establish that the defendant was negligent, that the plaintiff suffered harm, and that the defendant's negligence was a substantial factor in causing that harm 6. This foundational rule applies across various negligence claims, including those involving emotional distress or specific types of harm.
A plaintiff claiming harm due to a defendant's negligence must prove three essential elements: 1. That the defendant was negligent; 2. That the plaintiff was harmed; and 3. That the defendant's negligence was a substantial factor in causing the plaintiff's harm 6.
The general rule for negligence requires proving the defendant's negligence, the plaintiff's harm, and a causal link between the two 6. This framework is adapted for specific types of negligence claims.
For claims of negligence involving a product, a plaintiff must prove that the defendant designed, manufactured, supplied, installed, inspected, repaired, or rented the product, that the defendant was negligent in one of those actions, that the plaintiff was harmed, and that the defendant's negligence was a substantial factor in causing that harm 3.
In cases of negligent hiring, supervision, or retention of an employee, a plaintiff must prove that the employer hired the employee, that the employee was unfit or incompetent for the work (or posed another particular risk), that the employer knew or should have known of this unfitness or risk, that the employee's unfitness or risk harmed the plaintiff, and that the employer's negligence in hiring, supervising, or retaining the employee was a substantial factor in causing the plaintiff's harm 4.
When a plaintiff seeks to recover damages for emotional distress without physical injury as a direct victim, the plaintiff must prove that the defendant was negligent, that the plaintiff suffered serious emotional distress, and that the defendant's negligence was a substantial factor in causing that serious emotional distress 1. Serious emotional distress is defined as distress that an ordinary, reasonable person would be unable to cope with, and it includes suffering, anguish, fright, horror, nervousness, grief, anxiety, worry, shock, humiliation, and shame 1.
For emotional distress claims without physical injury where the plaintiff is a bystander, the plaintiff must prove that the defendant negligently caused injury to or the death of a victim, that the plaintiff was virtually present at the scene of the event causing the injury or death, that the plaintiff was aware the event was causing injury or death to the victim, that the plaintiff suffered serious emotional distress, and that the defendant's conduct was a substantial factor in causing the plaintiff's serious emotional distress 2. The plaintiff does not need to have been aware that the defendant caused the event 2. Serious emotional distress in this context also means distress an ordinary, reasonable person would be unable to cope with, encompassing suffering, anguish, fright, horror, nervousness, grief, anxiety, worry, shock, humiliation, and shame 2.
A specific type of emotional distress claim involves fear of cancer, HIV, or AIDS due to exposure caused by a defendant's negligent conduct, where the defendant acted with malice, oppression, or fraudulent intent 8. In such cases, the plaintiff must prove exposure due to the defendant's negligent conduct, that the defendant acted with malice, oppression, or fraudulent intent, that the plaintiff suffered serious emotional distress from a fear of developing the condition, that reliable medical or scientific opinion confirms a significantly increased and actual significant risk of developing the condition, and that the defendant's conduct was a substantial factor in causing the serious emotional distress 8.
A plaintiff claiming injury while attempting to rescue a person in danger, where the danger was created by the defendant's negligence, must prove that there was an emergency situation with actual or apparent danger of immediate injury, that the emergency or danger to the plaintiff was created by the defendant's negligence, and that the plaintiff was harmed while attempting the rescue 7.
The provided sources do not cover the specific elements required to prove that a defendant was "negligent" in the first instance, nor do they define "harm" beyond emotional distress in specific contexts. The sources also do not detail the various types of "substantial factor" causation or how to prove it in different scenarios. Furthermore, the sources do not address defenses to negligence claims, other than the "Good Samaritan" defense, which shifts the burden of proof to the defendant to show they acted in good faith and without compensation at the scene of an emergency 5.
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