In order to establish a claim for negligence,the plaintiff must prove that:

A) The plaintiff was contributorily negligent.
B) The plaintiff acted as a reasonable person under the situation.
C) The defendant was either comparatively or contributorily negligent.
D) The defendant owed the plaintiff a legal duty,and the defendant breached the legal duty.
E) The plaintiff sustained nominal damages.

Legal Duty

An obligation recognized by law, requiring an individual or entity to conform to a certain standard of conduct for the protection of others.

Negligence

A failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances, often leading to harm or damage.

Breached

The act of failing to fulfill the terms of a contract, agreement, or duty.