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Elements Duty, Breach, Causation, Scope of Liability, Damages  Form

Elements Duty, Breach, Causation, Scope of Liability, Damages Form

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lawsuits based on negligence represent most of the civil cases filed in American courts a person is negligent when his actions fall below a legally recognised standard of care resulting in injury to another all persons have duties to each other duties include conforming behavior to appropriate minimum standards this standard helps protect individuals from unreasonable harm caused by others this legal standard not only varies from state to state it also varies depending on the type of negligence being alleged to win a lawsuit against an allegedly negligent defendant the plaintiff must prove four elements the elements are Duty breach causation and damages the first element of negligence is duty a duty is an obligation imposed on all persons in society to exercise reasonable care in all of their dealings generally the burden is on the plaintiffs to show that the defendants owed them this Duty if the plaintiffs cannot prove that they were owed a legal duty then there can be no breach of th

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