What are the elements of negligence?

In Massachusetts, the elements of negligence are duty, breach of duty, causation, and damages. Duty is an obligation someone has to another person. Breach of duty is an act that goes against the obligation, such as failing to act in a responsible manner. Causation is a connection between the breach of duty and an injury or loss. Lastly, damages are the harm or losses suffered as a result of the breach of duty. To prove negligence, one must show that the person who is being accused had the duty to act in a certain way, and that they failed to do so. Then, it must be shown that the breach of duty was the cause of the injury or loss. Finally, one must prove that damages were suffered in connection with the breach of duty. One example of negligence is if a driver fails to follow traffic laws and causes an accident that leads to damages or injuries to another person. In this case, the driver had a duty to obey the traffic laws; the driver breached their duty by failing to do so; the breach caused an accident; and the accident caused damages or injuries to the other person.

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What are the elements of negligence?

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