Step-by-step explanation:
Determining negligence in tort liability involves a four-step process, often referred to as the "elements" of negligence. These elements are:
Duty of Care: The first step is to determine whether the defendant owed a duty of care to the plaintiff. This duty is a legal obligation to exercise reasonable care to avoid causing harm to others. In general, everyone has a duty to act reasonably to avoid foreseeable harm to others.
Breach of Duty: The second step is to determine whether the defendant breached their duty of care. This involves evaluating whether the defendant failed to act as a reasonably prudent person would have acted in similar circumstances. If the defendant's actions fell below the standard of care expected of a reasonably prudent person, they may be considered to have breached their duty of care.
Causation: The third step is to establish a causal connection between the defendant's breach of duty and the plaintiff's injury. This involves proving that the defendant's actions or omissions caused the plaintiff's harm. There are two types of causation to consider: actual cause (whether the defendant's actions were the cause of the harm) and proximate cause (whether the harm was a foreseeable consequence of the defendant's actions).
Damages: The final step is to determine whether the plaintiff suffered actual damages or harm as a result of the defendant's breach of duty. The plaintiff must prove that they suffered some type of harm, such as physical injury, property damage, or economic loss, as a direct result of the defendant's negligence.
If all four elements are established, then the defendant may be liable for the plaintiff's damages. If any one of the elements is missing, then the plaintiff may not be able to prove negligence and recover damages