What are the elements of negligence?

Negligence is a type of legal action that occurs when someone causes harm to another person or property due to a failure to exercise a reasonable duty of care. In order for negligence to be found, certain elements must be met. These elements are: 1. Duty: The defendant must have had a duty of care towards the plaintiff. This could be a legal duty or a duty created by a special relationship such as that of a doctor and patient. 2. Breach of Duty: The defendant must have breached this duty by failing to act as a reasonable person would have in the same situation. 3. Causation: The defendant’s breach of duty must have caused the harm suffered by the plaintiff. 4. Damages: The plaintiff must have suffered some loss, damage, or injury as a result of the breach. These are the essential elements of negligence, and are applicable in Montana as in other states. In order to prove negligence, plaintiffs must be able to prove that the defendant owed them a duty of care, breached this duty, caused the harm suffered, and that the plaintiff suffered damages as a result. If any of these elements are not present, negligence cannot be found.

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What are the elements of negligence?

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