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

A negligence claim in civil litigation in West Virginia is based on four elements that must be proven in order for the claim to be successful. First, the plaintiff must prove that the defendant had a duty of care towards the plaintiff. This means that the defendant had an obligation to act in a reasonable and prudent manner to avoid causing harm to the plaintiff. Second, the plaintiff must prove that the defendant breached their duty of care, meaning they failed to act in a reasonable and prudent manner. Third, the plaintiff must prove that the defendant’s breach of duty of care caused the plaintiff to suffer some form of harm, such as physical injury or property damage. Finally, the plaintiff must provide proof that they suffered actual damages as a result of the defendant’s breach of duty. For example, if the plaintiff was physically injured, they must provide proof that they suffered actual damages such as medical bills or lost wages. If the plaintiff was unable to prove all four elements of negligence, then their claim may not be successful.

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

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