Ag Torts 101: The Common Law Elements of Negligence

Sorry that it’s been awhile since I have revisited this blog series.  I look forward to going through the common torts applicable in the agriculture industry.  As I stated in this previous blog, I will first delve into the common law elements of negligence.  The term “common law” refers to law determined through judicial decisions, instead of legislatures.  Though there are statutory torts, most tort theories are rooted in judicial decisions.

The four common law elements of negligence are:  1) duty, 2) breach, 3) causation, and 4) damages.  All four elments of negligence must be satisfied before a party is liable for negligence.  A duty is some legal obligation that one party has to another party.  A breach of that duty exists when one person’s conduct fails to conform to the required standard.  Causation occurs when there is a reasonably close connection between the breach of that duty and the damages that incurred.  Finally, the plaintiff must have incurred some type of damages.

There are many scenarios where farmers, ranchers and agribusinesses may be found negligent or may have negligence claims against another party.  Next time, I will work through some of these situations and list relevant case law.  But for now, I will let you ruminate on those four elements… (no pun intended).

Have a nice weekend!  It’s fall here in New York City– my favorite time of year.