What are the four essential elements of negligence?

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The four essential elements of negligence are duty, breach, causation, and damages.

Duty refers to the legal obligation that a person has to act in a manner that does not cause harm to others. This establishes the relationship between the parties and the standard of care expected.

Breach involves demonstrating that the defendant failed to meet this standard of care, meaning they acted in a way that a reasonable person would not have under similar circumstances.

Causation is the element that connects the breach of duty to the harm suffered by the plaintiff. It includes both actual cause (the direct cause of the injury) and proximate cause (whether the injury was a foreseeable result of the breach).

Finally, damages are the actual losses suffered by the plaintiff as a result of the breach. These can include physical injuries, emotional distress, and financial losses.

The combination of these four elements is necessary to establish a claim of negligence. Each element must be proven for a legal case to be successful in showing that the defendant was negligent. This framework helps to hold individuals accountable for their actions when they fail to uphold their duty of care.

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