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

In civil litigation in New Mexico, negligence claims arise when one party is alleged to have caused injury or harm to another party. To prove a negligence claim, four elements must be established. The first element is duty. The plaintiff must show that the defendant had a duty to act with reasonable care to protect the plaintiff from harm. Depending on the circumstances, the defendant may have a duty to act in a certain way or to warn the plaintiff about certain risks. For example, an employer may have a duty to provide a safe working environment and warn the employee about potential hazards. The second element is breach of duty. The plaintiff must show that the defendant breached their duty of care. This may include failing to provide a safe working environment or failing to warn about potential risks. The third element is causation. The plaintiff must show that the defendant’s breach of duty caused the injury or harm suffered. The plaintiff must show that the defendant’s conduct was the actual and proximate cause of the injury suffered. The fourth and final element is damages. The plaintiff must prove that they suffered some type of injury or harm and that the harm was the result of the defendant’s breach of duty. Damages may include physical or psychological injury, loss of income, medical bills, or property damage. To successfully prove a negligence claim in civil litigation in New Mexico, the plaintiff must show that the defendant had a duty to act with reasonable care, that the duty was breached, that the breach was the cause of the injury or harm, and that the plaintiff suffered some type of damages as a result.

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

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