Four Elements Of Procedure To Succeed In A Negligence Case
What are the four elements of proof necessary for a plaintiff to succeed in a negligence case?
The four elements of proof necessary for a plaintiff to succeed in a negligence case are: (i) Duty of care, (ii) Breach of duty, (iii) Injury, (iv) Causation
(i)Duty of care: Duty can be defined as a legal obligation the defender or a wrongdoer owes to the plaintiff. When the law recognizes a relationship between two parties, the duty of care arises. These parties are called defendant and the plaintiff. Because of this relationship, the defendant has a legal obligation to act in a certain way toward the plaintiff. For e.g. Providers have a duty to treat their patients in a required medically manner, however, they must warn their patients of the side-effects or risk associated with a particular treatment. In case of a conflict, a “Judge” usually determines if defendant owed a duty of care to a plaintiff.
(ii)Breach of duty: A defendant breaches the duty of care by failing to exercise reasonable care in fulfilling the duty towards the plaintiff. If this happens, the plaintiff must show the evidence of the facts of the case along with the testimony from an expert witness regarding whether the standard was met. Occasionally, a plaintiff is allowed to introduce medical treaties as evidence to prove the standard of
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