Organic matter serves as a reservoir of nutrients and water in the soil, aids in reducing compaction and surface crusting, and increases water infiltration into the soil. Yet it's often ignored and neglected.
Similarly, evidence of voluntary intoxication will not excuse conduct that is otherwise negligent. Although intoxication affects a person's judgment, voluntary intoxication will not excuse negligent conduct, because it is the person's conduct, not his or her mental condition, that determines negligence.
Elements of a Negligence Claim. In order to win a negligence case, the plaintiff (the person injured) must prove the following four elements to show that the defendant (the person allegedly at fault) acted negligently: Duty - The defendant owed a legal duty to the plaintiff under the circumstances;