NEGLIGENCE

Negligence

Negligence

Question

Briefly discuss the four elements that must be present to prove Negligence.

Answer

Negligence is the failure of someone to act as a reasonable person would under similar circumstances when it was foreseeable that their conduct could cause injury to another. This requires people and businesses to use reasonable care in the management of their property, vehicles, animals, actions and business operations. Four elements must be present before legal liability is created; duty, breach or violation of that duty; causation and damage (Deakin, Simon; Angus Johnston; Basil Markesinis 2003). Negligence suits have traditionally been analyzed in stages, called elements, similar to ...