What are the elements of a negligence claim in civil litigation?

In civil litigation, negligence claims involve four elements that must be proven for a plaintiff to win a negligence case. These elements are duty, breach of duty, causation, and damages. First, the plaintiff must prove that the defendant had a “duty of care” to the plaintiff. This means that the defendant must have acted in a way that was expected of a reasonable person in the same circumstances. For example, a driver may have a duty to follow posted speed limits, or a doctor may have a duty to provide quality medical care. Second, the plaintiff must prove that the defendant “breached” or violated this duty. This means that the defendant acted in a way that fell short of the reasonable conduct expected of them. For example, if a driver intentionally drove over the speed limit, this could be a breach of their duty to follow posted speed limits. Third, the plaintiff must prove that the defendant’s breach of duty caused them harm or damages. This means that the plaintiff was injured as a result of the defendant’s negligent behavior. Finally, the plaintiff must prove that they have incurred damages due to the defendant’s negligent behavior. This could include physical injuries, medical expenses, lost wages, or emotional distress. In California, plaintiffs need to prove all of these elements in order to win a negligence case in civil litigation. If the plaintiff is successful in proving these elements, then the defendant may be held liable for the plaintiff’s damages.

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