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

In civil litigation in South Carolina, a negligence claim is a type of tort that requires the plaintiff to show four elements in order to be successful. The first element is that the defendant had a duty of care to the plaintiff. This means that the defendant had an obligation to take reasonable measures to protect the plaintiff from harm. The second element is that the defendant breached this duty of care by acting in a way that fell short of the reasonable standard of care. This can involve an act or an omission on the part of the defendant. The third element is that the plaintiff suffered an injury due to the defendant’s negligence. The plaintiff must prove that there is a causal link between the defendant’s negligence and their injury. The fourth element is damages. The degree of damages must be quantifiable in order for the plaintiff to collect. These damages may be either economic or non-economic in nature, such as pain and suffering. If the plaintiff can prove all four of these elements in a civil litigation case, they may be able to receive compensation for the injuries caused by the defendant’s negligence.

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

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