Question

In order to succeed in an action in negligence, what are the 3 elements that a

must plaintiff establish? Identify and briefly explain each element

Answer 1

In order for a plaintiff to win a lawsuit for negligence, they must prove all of the "elements." For instance, one of the elements is "damages," meaning the plaintiff must have suffered damages (injuries, loss, etc.) in order for the defendant to be held liable.

When deciding on a verdict in a negligence case, juries are instructed to compare the facts, testimony, and evidence in determining whether the following elements were satisfied:

1. Duty
2. Breach of Duty
3. Cause in Fact
4. Proximate Cause
5. Damages

Duty

The outcome of some negligence cases depends on whether the defendant owed a duty to the plaintiff. A duty arises when the law recognizes a relationship between the defendant and the plaintiff requiring the defendant to act in a certain manner, often with a standard of care, toward the plaintiff.

Breach of Duty

It's not enough for a person to prove that another person owed them or a duty. The injury lawyer must also prove that the negligent party breached his or duty to the other person. A defendant breaches such a duty by failing to exercise reasonable care in fulfilling the duty.

Cause in Fact

Under the traditional rules of legal duty in negligence cases, a plaintiff must prove that the defendant's actions were the actual cause of the plaintiff's injury.

Proximate Cause

If a defendant has caused damages that are outside of the scope of the risks that the defendant could have foreseen, then the plaintiff cannot prove that the defendant's actions were the proximate cause of the plaintiff's damages.

Damages

A plaintiff in a negligence case must prove a legally recognized harm, usually in the form of physical injury to a person or to property, like a car in a car accident. It's not enough that the defendant failed to exercise reasonable care. The failure to exercise reasonable care must result in actual damages to a person to whom the defendant owed a duty of care and a personal injury claim must be brought to court within the appropriate time frame