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

A negligence claim is one of the most common types of civil litigation filed in the state of Tennessee. Negligence is defined as the failure to act according to a reasonable standard of care. For a plaintiff to succeed in a negligence case in Tennessee, they must prove four elements: First, the plaintiff must prove that the defendant owed them a duty of care. This means that the defendant had a legal obligation to act responsibly to protect the safety of the plaintiff. Second, the plaintiff must prove that the defendant breached that duty of care. This means that the defendant failed to act according to the reasonable standard of care. Third, the plaintiff must prove that the breach of the duty caused harm to the plaintiff. This means that the plaintiff must demonstrate that they suffered real damages due to the defendant’s negligence. Finally, the plaintiff must show that the damages suffered were proximately caused by the defendant’s breach of duty. This means that the damages were a foreseeable result of the defendant’s actions. If the plaintiff can prove all four elements of a negligence claim, then they may be entitled to compensation for their losses.

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

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