What are the key elements of a negligence claim?

In Washington State, a negligence claim is based on four key elements: duty of care, breach of duty, causation and damages. Duty of care refers to the obligation to take reasonable steps to prevent harm to others. In Washington, people generally owe a duty of care to all those they interact with. This includes motorists, pedestrians, and other people who are legally on the premises, even if they are unwelcome. Breach of duty is the second element, and it occurs when a person fails to act as a reasonably prudent person would in the same situation. For example, a driver might fail to stop at a red light and cause an accident, which would be a breach of duty. The third element of negligence is causation, which is the link between a breach of duty and the resulting harm. In other words, the breach of duty must be the cause of the harm in order for liability to be established. The fourth element of negligence is damages, which are the actual losses suffered as a result of the injury or harm. These might include medical costs, lost wages, or even pain and suffering. In order to make a successful negligence claim, the plaintiff must be able to prove that the harm was caused by the defendant’s breach of duty and that the plaintiff suffered damages as a result.

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What are the key elements of a negligence claim?

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