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Elements of Proof of Negligence

Elements of Proof of Negligence

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Published by Ah Wai

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Published by: Ah Wai on Sep 10, 2011
Copyright:Attribution Non-commercial


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Elements of Proof of Negligence
When someone is injured because of someone else’s negligence, it could give rise to the filing of a New
York personal injury lawsuit. However, despite the latent message present in so many legaladvertisements that pursuing and recovering justifiable compensation for injuries and damagessustained is an easy and fast process, successfully proving your New York personal injury case requiresskill, knowledge and experience that can be provided by New York personal injury lawyers. Below arethe four elements necessary to prove that a defendant was negligent in a New York personal injurylawsuit.Element One
Establish a Legal Duty of CareThe first element that a plaintiff must prove is that the defendant owed him or her a legal duty of care.Generally, this duty of care is a legal notion that states that people owe anyone around them or anyonewho could be around them a duty to not place them in situations of undue risk of harm. Proving thiselement will largely depend on the facts of the situation.Element Two
Prove that the Legal Duty of Care Was BreachedAfter the plaintiff has proved that a legal duty of care existed, he or she must then prove that this dutywas breached. Generally, courts will use the
standard of a ‘reasonable person’ when it comes to this
question. Specifically, this means that the judge or jury must view the facts of the situation and decidewhat a reasonable person would have done in a similar situation. If this reasonable person would have
acted differently than the defendant, it’s likely that it will be found that the duty was breached.
 Element Three
CausationCausation is the most complicated element of negligence, and put as simply as possible, it means thatthe plaintiff must prove that the defendant either directly or indirectly caused the injuries and damagessuffered by the plaintiff because of the breach of the duty of care. This element has confused even the
most respected legal minds over time, and it’s proof should
not be taken lightly.

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