What are the elements of negligence?

Negligence is a legal concept used to determine when a person is responsible for harming someone else. In Nebraska, negligence is determined by evaluating four distinct elements: duty, breach, causation, and damages. First, the plaintiff (the person who has been harmed) must prove that the defendant (the person who is responsible for causing harm) had a duty to be reasonable and prudent in the given situation. This means that the defendant had an obligation to the plaintiff to exercise care that a reasonable person would in the same or similar circumstances. Second, the plaintiff must prove that the defendant breached or violated that duty of care in some way. This means that the defendant acted in a way that a reasonable person would not have in the same situation or neglected to act in a way that a reasonable person would have. Third, the plaintiff must prove that the defendant’s breach of duty caused the plaintiff’s injury or damage. This means the plaintiff must show that the defendant’s negligence was a direct cause of the injury or damage. Finally, the plaintiff must establish that they suffered an actual injury or damage. Without this element, negligence cannot be proven. These four elements must be established in order to prove negligence in Nebraska. If the plaintiff is successful, the defendant may be required to compensate the plaintiff for the injuries suffered.

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What are the elements of negligence?

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