To properly plead negligence, you must allege ultimate facts supporting each required element:

1. Duty
2. Breach
3. Causation (actual + proximate)
4. Damages

You do not plead evidentiary facts (proof) and you do not plead legal conclusions (e.g., “Defendant was negligent per se” without underlying facts).
Below is the correct structure.

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1. Alleging DUTY

You must allege facts showing why the defendant owed the plaintiff a duty.
You do not write: “Defendant owed Plaintiff a duty of care.”
That is a legal conclusion.

Instead, plead specific relationships or circumstances that create a duty.

Examples of proper ultimate-fact duty allegations:

• “Defendant owned, maintained, and operated the premises located at…”
• “Defendant operated a motor vehicle on public roads…”
• “Defendant was the employer of Plaintiff…”
• “Defendant manufactured and sold the product used by Plaintiff…”

These statements show why a duty exists without using bare legal conclusions.

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2. Alleging BREACH

Do not write:

“Defendant breached the duty and acted negligently.”
That is a conclusion.

Instead, plead the conduct that constitutes breach.

Proper ultimate-fact breach allegations:

• “Defendant failed to maintain the premises in a reasonably safe condition.”
• “Defendant drove at an unsafe speed and failed to keep a proper lookout.”
• “Defendant failed to repair a known hazardous condition on the walkway.”
• “Defendant allowed an untrained employee to operate heavy machinery.”

You don’t need supporting evidence (photos, measurements, logs).
Just plead the core facts that, if proven, would show breach.

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3. Alleging CAUSATION

You must plead actual cause and proximate cause, but again, do not use legal-conclusion language like:

• “Defendant’s negligence caused Plaintiff’s injury.”

That is too conclusory.

Proper ultimate-fact causation allegations:

• “As a direct result of Defendant’s failure to maintain the walkway, Plaintiff slipped and fell.”
• “Plaintiff’s injuries occurred when Defendant’s vehicle collided with the rear of Plaintiff’s car.”
• “Plaintiff inhaled toxic fumes released because Defendant failed to follow required safety procedures.”

Each statement:

1. Links the breach to the injury, and
2. States facts, not conclusions.

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4. Alleging DAMAGES

You must allege actual harm.
Negligence without damages is not actionable.

Examples:

• “Plaintiff suffered physical injuries including …”
• “Plaintiff incurred medical expenses and will incur additional expenses in the future.”
• “Plaintiff lost wages and experienced loss of earning capacity.”
• “Plaintiff suffered property damage to the vehicle.”

You do not need exact numbers at pleading stage.

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Putting It All Together — Negligence Cause of Action (Model)

This is a clean, correct format used by California litigators:

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**FIRST CAUSE OF ACTION**

Negligence
(Against All Defendants)**

1. At all times mentioned, Defendant owned, operated, managed, maintained, and controlled the premises located at 123 Main Street, Los Angeles, California.

2. Defendant undertook and was obligated to use reasonable care in the ownership, operation, maintenance, and control of said premises so as not to expose persons lawfully on the property, including Plaintiff, to an unreasonable risk of harm.

3. Defendant failed to exercise ordinary care in the ownership, operation, maintenance, and control of the premises in that Defendant, among other things:
a. permitted a hazardous condition to exist on the walkway;
b. failed to inspect the area;
c. failed to repair or warn of the hazard despite knowing, or having reason to know, of it.

4. On or about June 15, 2025, while Plaintiff was lawfully on the premises, Plaintiff slipped and fell because of the hazardous condition described above.

5. As a direct and proximate result of Defendant’s conduct, Plaintiff suffered personal injuries, medical expenses, lost earnings, loss of earning capacity, and other damages according to proof.

6. Plaintiff has been damaged in a sum according to proof at trial.

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Why this Pleading Is Correct

• It alleges ultimate facts, not evidentiary details.
• It avoids legal conclusions.
• It tracks the required elements of negligence.
• It gives defendant fair notice of the claim.
• It is demurrer-proof under CCP § 430.10(e) (failure to state facts).

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Common Mistakes to Avoid

Too conclusory

“Defendant owed Plaintiff a duty and breached it by negligence.”
→ Demurrer risk.

Too evidentiary

“The walkway was wet because the maintenance worker washed it at 7:42 a.m. using a 2-gallon hose and failed to place cones.”
→ Unnecessary detail.

Missing causation

Many complaints fail here and become demurrable.

Missing facts establishing duty

Courts require ultimate facts showing why defendant had a duty.