In that case, the alleged negligence was in the misinterpretation of the electrocardiogram graph. Negligence disputes can be difficult to handle.But with legal representation from Deans Stepp Law, you can navigate these issues with confidence. For the most part, litigation involving personal injury can typically be categorized in two different ways – a negligence case or tort (intentional act). The negligence of designated responsible third parties is submitted in the liability question. Sec. 101.065. NEGLIGENCE OF OFF-DUTY LAW ENFORCEMENT OFFICERS. To prove negligence you need 4 elements: 1) duty, 2) breach of duty, 3) causation, and 4) damages. Establish a higher standard of negligence known as gross negligence or the intent to injure to recover. Negligence is the failure to act with reasonable care. A negligent activity case requires only the typical proof of negligence on the part of the property owner.