What are the elements of a negligence case?
The Court typically instructs a jury with regard to a negligence case that there are four elements and that the plaintiff has the burden to prove each of the four elements. The plaintiff is the one who brings a case. Those elements are the existence of a duty of care which is a question of law for the judge, and the Court will instruct a jury on whether there is a duty of care or not. Breach of that duty of care! By that the law means was the defendant negligent. There has to be causation, also known as proximate causation, between that breach of a duty of care or that negligence and some harm or injury or damage to the plaintiff. Then lastly, damages must exist and the plaintiff has the burden of proving the nature and the extent of the damages.