What are the elements of negligence?

Negligence is a form of legal responsibility for failing to take proper care in a situation. In Arizona, negligence is defined as an act or failure to act that, when weighed against a reasonable standard of care, is found to be a breach of duty and thus, a breach of the law. There are four elements of negligence that must be established to prove the tort of negligence. First, the plaintiff must prove that the defendant had a duty of care to the plaintiff or the general public. Second, the plaintiff must show that the defendant breached this duty of care. The court must determine whether the defendant acted as a reasonable person would have in the same situation. Third, the plaintiff must prove that the breach of the defendant’s duty caused the injury or damages. The plaintiff must show that the injury or damage was directly caused by the defendant’s conduct and not by any other intervening factor. Lastly, the plaintiff must demonstrate that the injury or damages caused were actual and compensable. In conclusion, the four elements of negligence that must be established in a civil lawsuit in Arizona are: duty of care, breach of that duty of care, causation, and actual damages. If each element is proven, the defendant may be liable for damages.

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What are the elements of negligence?

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