# What does “negligence” mean? Canonical: https://californiapersonalinjurylaws.com/guides/what-is-negligence/ Reviewed by Andrew (Andy) R. Gillin; publisher reported approval on 2026-11-04. Original review date was not supplied. ## Short answer Negligence 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. ## Hypothetical 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. ## 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. ## What can change the answer An accident alone does not prove negligence. What a careful person would do depends on the setting. ## A useful next step Write down what happened, keep photos, and save the names of witnesses. ## Court decisions behind this answer ### Rowland v. Christian (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. Limit: The case does not make an owner pay for every fall. Statutes and later exceptions still need review. Source: https://law.justia.com/cases/california/supreme-court/2d/69/108.html ### Mitchell v. Gonzales (1991) 54 Cal.3d 1041, pp. 1049–1053. The court favored a substantial-factor instruction for cause in fact over a confusing older instruction. Limit: Proof of a careless act alone is not enough. The claimed harm must still be linked to that act. Source: https://law.justia.com/cases/california/supreme-court/3d/54/1041.html ## Sources - [California Civil Code § 1714 — Responsibility for harm](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=1714.) - [CACI No. 400–401 — Negligence and the standard of care (2026 edition)](https://courts.ca.gov/system/files/file/judicial_council_of_california_civil_jury_instructions_2026.pdf) - [Rowland v. Christian (1968) 69 Cal.2d 108](https://law.justia.com/cases/california/supreme-court/2d/69/108.html) - [Mitchell v. Gonzales (1991) 54 Cal.3d 1041](https://law.justia.com/cases/california/supreme-court/3d/54/1041.html) General information, not legal advice.