Asked by Kassandra Bougades on Apr 28, 2024

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Which of the following must be established 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 suffered a legally recognizable injury.
D) The injury was caused by the defendant's breach of duty of care.
E) All of these choices are correct.

Negligence Action

A negligence action is a legal claim brought in court when one party sues another for harm caused due to their failure to exercise the level of care that a reasonable person would in similar circumstances.

Duty Of Care

The duty of all persons, as established by tort law, to exercise reasonable care in dealings with others. Failure to exercise due care, which is normally determined by the reasonable person standard, is the tort of negligence.

Breach

The failure to comply with or meet a legal duty, contract, or obligation.

  • Grasp the core elements necessary to establish negligence in legal actions.
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Verified Answer

ZK
Zybrea KnightMay 04, 2024
Final Answer :
E
Explanation :
To succeed in a negligence action, it is necessary to establish that the defendant had a duty of care towards the plaintiff, breached that duty, the plaintiff suffered a legally recognizable injury, and the injury was directly caused by the defendant's breach of duty. All these elements are essential for a successful negligence claim.