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

In civil litigation in North Carolina, a negligence claim must include four elements in order for it to be successful. These elements include Duty, Breach of Duty, Causation, and Damages. Duty is the legal responsibility of an individual or entity to avoid causing harm to another. In order for a negligence claim to be successful, it must be proven that the defendant had a duty to act in a certain way. The duty is typically defined by law, but can also be based on custom or by the relationship between the parties. Breach of duty refers to the failure of the defendant to uphold the duty they had to the plaintiff. This can include failing to follow a law or custom that was in place, or failing to act in a way that a reasonable person would have acted in a similar situation. Causation is a necessary element of a negligence claim as it shows that the defendant’s breach of duty was the direct cause of the plaintiff’s injury or harm. Simply put, the plaintiff must be able to show that their injury or harm would not have occurred if not for the defendant’s breach of duty. Finally, there must be Damages. Damages are what the plaintiff seeks to recover for the harm that they have been caused by the defendant’s negligence. Damages can include medical costs, lost wages, or pain and suffering. In order for a negligence claim to be successful in civil litigation in North Carolina, all four of these elements must be present.

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