What are the key elements of a negligence claim?

A negligence claim in New Jersey is based on four key elements: duty, breach, causation, and harm. Duty refers to the legal responsibility that one party (“defendant”) owes to another (“plaintiff”). The defendant has a duty to act in a certain way, or not to act at all, when foreseeably interacting with the plaintiff. This duty comes from either a statute, law, or from general principles of common law. The breach element of a negligence claim is when the defendant fails to perform the duty legally owed to the plaintiff. This is what is called “negligence”. The causation element is when the plaintiff can prove that the breach of the duty is actually what caused harm to the plaintiff, while the “harm” element is when the plaintiff can show that they experienced actual losses, such as medical bills, pain and suffering, lost wages, or other damages. Once the plaintiff can prove all four key elements of a negligence claim, they may be able to recover damages from the defendant. It is important to note, however, that all four elements must be satisfied in order for a plaintiff to prevail in a negligence claim in New Jersey.

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What are the key elements of a negligence claim?

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