What are the three main elements required to prove Negligence?

To establish a claim of negligence, one must demonstrate three critical elements: Duty of Care, Breach of Duty, and Causation.

The Duty of Care refers to the legal obligation that one party owes to another to act in a reasonably foreseeable manner to avoid causing harm. This establishes a relationship between the parties in which one party must take care to prevent foreseeable injuries to the other.

Breach of Duty involves showing that the party failed to meet the required standard of care, meaning they acted in a way that a reasonably prudent person would not have acted in similar circumstances. This could be through action (commission) or lack of action (omission).

Causation is the connection between the breach of duty and the harm suffered. This involves demonstrating that the breach directly caused the injury or damage. This element can often be broken down into actual cause (the direct cause of the harm) and proximate cause (foreseeable consequences of the breach).

Together, these elements form the foundation for establishing a negligence claim in a legal context, making the correct choice clear by outlining the necessary components needed to prove that one party's failure to act with reasonable care resulted in harm to another.