Elements of a Negligence Case

The elements of a negligence case are as follows: duty, breach,  causation, damages.

For a claim for negligence to arise, it must be shown that the defendant owed a duty to the plaintiff. For example, a physician treating a patient would have a duty towards his or her patien.

A breach consists of failing to abide by the duty of care required. In the example above, a physician has a certain duty of care to its patients, which if breached, could give rise to a claim of negligence.

Causation requires that the breach of duty was the actual cause of the injury sustained by the defendant. This is also referred to as the proximate cause.

The final element of damages requires that some real ascertainable injury/damage resulted as a result of the negligence.

Inside Elements of a Negligence Case