What are the elements of negligence?

Negligence is a legal concept used to determine who is responsible for harm caused by someone else’s actions or inactions. It is an important element of civil procedure in Texas and other states. In order for a plaintiff to sue for negligence, the following elements must be present: 1. Duty of care: The defendant must have had a duty to protect the plaintiff from harm. This is usually established by showing that the defendant had a legal obligation to act in a certain way, which included protecting the plaintiff from harm; 2. Breach of duty: The defendant must have breached the duty of care by acting or failing to act in a way that created a foreseeable risk of harm to the plaintiff; 3. Cause-in-fact: The breach of duty must have been the direct cause of the plaintiff’s harm; 4. Proximate cause: The plaintiff must have suffered foreseeable damages as a result of the breach of duty; 5. Damages: The plaintiff must have suffered actual harm or losses. These are the five elements of negligence that must be proven for a plaintiff to succeed in a civil lawsuit for negligence in the state of Texas. An attorney can explain these elements in greater detail and help determine if negligence has likely occurred in a particular situation.

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