What are the elements of negligence?

Negligence is a legal concept used in civil lawsuits to determine whether one party’s failure to exercise reasonable care caused harm to another. In Indiana, negligence is a legal theory commonly used in personal injury and other civil cases. The four elements of negligence are duty, breach of duty, causation, and damages. Duty is the legal obligation to act with reasonable care. The standard is based on what a hypothetical reasonable person would do under the same circumstances. The duty also depends on the relationship between the parties. Breach of duty is the failure to act with reasonable care. To prove a breach of duty, the plaintiff must show that the defendant’s actions or behavior fell below the standard of care. Causation is the link between the breach of duty and the harm caused to the plaintiff. It must be shown that the harm would not have occurred without the breach of duty. Finally, damages must be proven. Damages are the losses suffered by the plaintiff and can include medical bills, lost wages, and pain and suffering. In summary, to prove negligence in Indiana, the plaintiff must show a duty, a breach of duty, causation, and resulting damages.

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What are the elements of negligence?

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