Asked by DELANEY BOLAND on May 28, 2024
Verified
Which of the following is not necessary to establish to succeed in a negligence action?
A) The defendant had a duty of care to the plaintiff.
B) The defendant breached his or her duty of care.
C) The plaintiff is over twenty-one years of age.
D) The injury was caused by the defendant's breach of duty of care.
Negligence Action
A legal claim brought by someone who has suffered harm due to another party's failure to exercise reasonable care or caution.
Duty Of Care
A legal obligation to avoid acts or omissions that could foreseeably cause harm to others.
Legally Recognizable Injury
An injury or harm that is acknowledged by law as a basis for a lawsuit or legal claim.
- Understand the fundamental components required to prove negligence in legal proceedings.
Verified Answer
KG
Kemar GouldbourneJun 03, 2024
Final Answer :
C
Explanation :
The plaintiff's age is generally irrelevant to establishing a negligence claim. The key elements necessary to succeed in a negligence action are duty of care, breach of that duty, and causation leading to injury, not the age of the plaintiff.
Learning Objectives
- Understand the fundamental components required to prove negligence in legal proceedings.
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