What are the key elements of a negligence claim?

The key elements of a negligence claim in Hawaii are duty, breach of duty, causation, and damages. Duty is a legal obligation to act in a certain way toward others. The law requires people to act in a reasonable and prudent manner toward others. Breach of duty occurs when a person fails to act reasonably or prudently. Causation is the link between the breach of duty and the harm suffered. The claimant must prove that the breach of duty caused their injury or loss. Finally, damages are the costs that the claimant has suffered due to the breach of duty. Damages may include medical expenses, loss of income, pain and suffering, and emotional distress. In order for a plaintiff to be successful in a negligence claim, they must prove that the defendant owed them a duty of care, the defendant breached that duty, the breach caused the plaintiff’s injury or loss, and the plaintiff has suffered damages as a result. If the plaintiff is able to prove these four elements, they may be entitled to monetary compensation from the defendant.

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What are the key elements of a negligence claim?

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