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What Is Negligence?

Focused, personal representation for Tennessee families and businesses, with offices in Nashville and Memphis.

Last Updated: Aug 10, 2026

Read Time: 3 mins

Negligence is the failure to take proper care when performing an action. Legally speaking, negligence is determined by comparing one person’s actions to that of a competent, typical person of similar circumstances. For example, if a driver runs a red light and hits another driver, they were negligent because they did not follow the rules of the road in a way that any competent person with a driver’s license would have.

How do you prove someone was negligent?

In order to prove that the other party involved in the accident was negligent, the plaintiff must prove five things.

1. The defendant owed a duty to the plaintiff. That simply means that the defendant was expected to act in a certain way toward the defendant.

1. Proving that the defendant owed the plaintiff a duty is not enough. Then, they must prove that the defendant breached that duty by failing to exercise reasonable care.

1. Then, the plaintiff must prove that the breach of duty is the direct cause of their injuries.

1. They must then identify the scope of the defendant’s responsibility. In other words, the defendant can only be held responsible for harms that they could have foreseen.

Finally, the plaintiff must prove that the injuries caused resulted in actual damages such as medical bills, loss of enjoyment of life, loss of a job, and so forth.

Is there any other basis for personal injury liability besides negligence?

A personal injury claim usually hinges on the fact that the injured party’s pain and suffering was caused by the other party’s negligence. For example, in a slip and fall claim, the person who fell and got hurt was the result of the property owner’s negligence. In a car accident, the driver who was injured was hit by a driver who was not exercising reasonable care on the road. In most cases, once negligence is proven, the injured party can begin negotiating a settlement claim.

But is negligence the only basis for a personal injury claim?

While negligence is the most common basis for a personal injury claim, it is not the only one. There are two other ways that you can prove that another party or entity is liable for your personal injury.

Strict liability is another way to prove liability for an injury that was caused by designers and manufacturers. When a person is injured as a result of defective products, they do not have to establish the negligence of the manufacturer. They can instead show that the product that caused the injury was designed or manufactured in a way that made it dangerous when it was used as intended.

Intentional wrongs is another, more rarely utilized, the basis of personal injury claims. For example, if someone intentionally hit you, they can be sued for personal injury by way of battery. The person who injured you can be criminally liable and civilly liable.

Contact a Personal Injury Lawyer Memphis, TN Families Depend on Today

If you would like to find out if you have any legal recourse against the party you think was responsible for your injuries, contact a personal injury lawyer in Memphis, TN from Patterson Bray today at 901.372.5003 for a free case evaluation.

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Client Reviews

    
 
 
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   Nancy Wallace 
 7 days ago
 
 
 Trustindex verifies that the original source of the review is Google. If you are looking to do estate planning, go with Patterson Bray! They are excellent to deal with!
  
 
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   Cheryl Adkins 
 8 days ago
 
 
 Trustindex verifies that the original source of the review is Google. We loved the staff at Patterson Bray.  Everyone was very professional.  Judith was very thorough and explained everything extremely well.  We would recommend Patterson Bray to anyone.
  
 
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   Hailey Wade 
 32 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Patterson Bray PLLC did an excellent job with my grandmother's estate planning, and made everything easy to understand! She recommended them to a friend who went and is also very satisfied with their services.
  
 
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   Deb Clark 
 37 days ago
 
 
 Trustindex verifies that the original source of the review is Google. My experience with this firm, particularly Judith Denham has been truly exceptional.  From the consultation to the finish, the attention to detail, listening and responding to my needs.  My documents were completed timely and professionally.  I highly recommend Patterson Bray.
  
 
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   Tanya White 
 37 days ago
 
 
 Trustindex verifies that the original source of the review is Google. PattersonBray Estate Planning was an incredible firm to work with setting up our Trust. Judith Denham was thorough, very smart, and personable as she patiently explained each part.  Gabby put together  a very professional beautiful binder for us to have, and has answered questions we have had since  then. I am so glad they were recommended to us, and we had them to walk us through this procedure.
  
 
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   Charmaine Sego 
 38 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Patterson Bray did a great job with my mother's trust.
  
 
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   Phil Chamberlain 
 54 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Patterson Bray PLLC - first class lawyers.
  
 
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   Catherine McGee 
 74 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Heath Taylor was a genuine joy to work with during my divorce: straight forward, professional, and knowledgeable. I do hope I never have the need to acquire more legal help, but if I do, he'll be my first call. Thank you for everything, Heath!!
  
 
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   Marva Johnson 
 80 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I FOUND PATTERSON BRAY AND JUDITH DENHAM TO BE PROFESSIONAL, VERY THOROUGH, AND PERSONAL. I DID NOT FEEL LIKE A CLIENT, BUT A PERSON. I AM SO IMPRESSED WITH THEM, ESPECIALLY JUDITH AND GABBY. VERY GRATEFUL FOR ASSISTANCE.
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   Pam Nicole 
 81 days ago
 
 
 Trustindex verifies that the original source of the review is Google. We set up a trust with Judith, at Patterson Bray and we received excellent service. Everything was explained thoroughly and everyone was very friendly and professional. I would definitely use her and the firm again, if needed.

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What Is Negligence?

How do you prove someone was negligent?

Is there any other basis for personal injury liability besides negligence?

But is negligence the only basis for a personal injury claim?

Patterson Bray

Blog & News

Federal Rest Rules for Commercial Drivers

Legal Options After the Frayser Shooting

How do I ensure my child’s inheritance is protected from divorce?