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

In civil litigation, a negligence claim requires proof of four elements. These elements must be proven in order for a plaintiff to successfully recover damages. The first element is duty. The plaintiff must show that the defendant had a responsibility to protect them from harm. This duty can be established from either a statute, regulation, or other source of law. The second element is breach of duty. The plaintiff must prove that the defendant breached their duty by failing to take reasonable steps to protect them from harm. The third element is causation. The plaintiff must show that their injury was caused by the defendant’s breach of duty. The fourth and final element is damages. The plaintiff must show that they suffered some form of harm as a result of the defendant’s breach of duty. This can be in the form of physical injury, emotional distress, or financial loss. In cases of negligence in Texas, the plaintiff has the burden of proving each of these elements by a preponderance of the evidence. If any of these elements are not proven, the defendant cannot be held liable for damages.

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

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