What does “negligence” mean?
Reviewed by Andrew (Andy) R. Gillin
California State Bar #45226 ↗ · Approval recorded November 4, 2026
How we record review approvalNegligence means someone failed to use reasonable care. An injury claim usually needs more than a mistake: you must connect that mistake to an injury and a loss.
In this guide
Here’s an example
A driver looks at a phone, misses a red light, and hits a person in a crosswalk. The phone use and red light may help show a lack of care.
A made-up example to explain the idea. Your facts may lead to a different answer.How the rule works
A negligence claim generally involves a duty of care, a breach of that duty, causation, and damages. In everyday terms: a person owed you care, failed to use it, and caused harm.
Legal references: [1] California Civil Code § 1714 — Responsibility for harm · [2] CACI No. 400–401 — Negligence and the standard of care (2026 edition)
What can change the answer?
An accident alone does not prove negligence. What a careful person would do depends on the setting.
Court decisions behind this answer
A case can help explain a rule. Its facts and limits matter too.
Rowland v. Christian
Supreme Court of California · 1968
69 Cal.2d 108, p. 119
The court applied reasonable-care rules to unsafe property. A visitor’s label alone did not decide the owner’s duty.
The case does not make an owner pay for every fall. Statutes and later exceptions still need review.
Mitchell v. Gonzales
Supreme Court of California · 1991
54 Cal.3d 1041, pp. 1049–1053
The court favored a substantial-factor instruction for cause in fact over a confusing older instruction.
Proof of a careless act alone is not enough. The claimed harm must still be linked to that act.
Case applicability reviewed as recorded above.
A useful next step
Write down what happened, keep photos, and save the names of witnesses.
If you are unsure which rule applies, a lawyer can review your facts and any deadlines. Learn about GJEL’s injury representation.
The law behind this guide
The references below support the legal discussion. Their application depends on the facts.
- California Civil Code § 1714 — Responsibility for harm ↗Statute · Review recorded above
- CACI No. 400–401 — Negligence and the standard of care (2026 edition) ↗Jury instructions · Review recorded above
- Rowland v. Christian (1968) 69 Cal.2d 108 ↗Case law · Review recorded above
- Mitchell v. Gonzales (1991) 54 Cal.3d 1041 ↗Case law · Review recorded above
Updated 2026-11-04. Read our editorial standards.