What 4 elements must be proven by the plaintiff in a civil trial for negligence?
ACTUAL HARM – the plaintiff must have suffered physical or financial harm to their body or property. DUTY OF CARE – the plaintiff must prove that the defendant owed them a duty of care BREACH OF DUTY – the defendant did not exercise a degree of care that a “reasonable person” would have exercised. PROXIMATE CAUSE – “The Foreseeability Test” – was the injury to the plaintiff “foreseeable” by a reasonable person, at the time the defendant engaged in the unreasonable conduct? Summary All four elements must be proven by the plaintiff in order to prove negligence. Negligence is classified as an unintentional tort because there is no direct intent to violate an individual’s rights. Negligence is different than an accident because in an accident there is no expectation of “reasonable care”.
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