In personal injury cases, the client can use negligence to establish another person's fault in the accident. Establishing negligence is dependent on a breach of duty of care. A person has a duty of care to avoid causing harm to others. If a person is negligent in a situation, breaches duty of care, and causes an accident, then he can held responsible for the client's injury. The client will need to establish exactly how the other party was negligent. Negligence can be explained through actions taken or not taken in order to cause the accident in question.