Elements of Negligence
For this assignment, you will prepare a two-page written document focused on negligence. Please follow the instructions below and prepare your document. Be sure to save in .doc or .docx format, and to follow APA guidelines.
For more guidance about APA formatting, refer to the APA Resources in the Academic Support area of the “Student Resources” button on our course Home page.
Instructions:
In Module 4, we learned about negligence, which is a tort relating to the failure to act as a reasonably prudent person would act under the same or similar circumstances.
1. For this assignment, prepare a two-page paper that addresses the following:
· Describe the elements of a cause for action for negligence.
· Provide thorough examples of each from case law presented in this week’s resources and the Module 4 Lesson.
2. Submit your document below.
Module 4 Assignment 1: Negligence
Elements of Negligence
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What are the elements of a cause of action for negligence?,
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What is an example of duty in a negligence case?,
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What is an example of breach of duty in case law?,
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How is causation demonstrated in a negligence case?,
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What is an example of damages in negligence law?
Elements of Negligence
Comprehensive General Response:
Elements of a Negligence Cause of Action
Negligence is a legal theory that holds individuals or entities responsible for harm caused by their failure to act with reasonable care. To establish a cause of action for negligence, a plaintiff must prove four essential elements:
1. Duty of Care:
The first element requires proving that the defendant owed a duty of care to the plaintiff. This duty exists when the law recognizes a relationship requiring the defendant to act with reasonable care to avoid harming others. Generally, everyone has a legal duty to act as a reasonably prudent person would in similar circumstances.
Example: In Donoghue v. Stevenson (1932), a foundational case in negligence law, the court held that manufacturers owe a duty of care to consumers who use their products. The defendant, a beverage manufacturer, had a duty to ensure the safety of their product.
2. Breach of Duty:
Once a duty is established, the plaintiff must show that the defendant breached that duty by failing to act as a reasonable person would. A breach occurs when actions fall below the expected standard of care.
Example: In Palsgraf v. Long Island Railroad Co. (1928), the railroad employees were found potentially negligent when they helped a passenger onto a moving train, causing him to drop a package containing fireworks, which exploded and injured a bystander. The case analyzed whether the employees’ actions breached their duty of care.
3. Causation:
The plaintiff must also demonstrate causation, meaning the defendant’s breach of duty directly caused the plaintiff’s injury. Causation includes both “cause in fact” (but-for causation) and “proximate cause” (whether the harm was a foreseeable result of the breach).
Example: In Palsgraf, the court determined that the injury was not a foreseeable result of the employees’ actions, thus lacking proximate cause. However, in Donoghue, the causation was clear, as the contaminated beverage directly caused the plaintiff’s illness.
Elements of Negligence
Finally, the plaintiff must prove actual damages—either physical, emotional, or financial losses—as a result of t
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