What are the four elements of negligence?

The four elements of negligence are duty, breach, proximate cause, and injury, which collectively represent the necessary components needed to establish a claim in a negligence lawsuit.

Duty refers to the legal obligation that one party owes to another, typically to act in a reasonable manner to avoid causing harm. For example, a driver has a duty to follow traffic laws to ensure safety on the road.

Breach occurs when a party fails to meet that duty, which could involve doing something a reasonable person would not do, or failing to do something a reasonable person would do under similar circumstances.

Proximate cause establishes a direct link between the breach of duty and the harm that occurs, highlighting whether the breach was a foreseeable cause of the injury or damage. This means that the harm caused must be a natural and direct result of the breach.

Injury or damages refer to the actual harm experienced by the plaintiff, which can be physical, emotional, or financial. This element is critical, as without demonstrable injury, there is no basis for a negligence claim.

Each of these elements must be present for a finding of negligence, and understanding how they interrelate is essential for evaluating potential negligence cases accurately.