Final answer:
In a negligence claim, the plaintiff must prove duty, breach, causation, and damages. These must be shown to be more likely than not ('beyond a preponderance of the evidence'). A relevant case scenario is a manufacturer selling cars with a known brake defect, illustrating negligence due to prior knowledge.
Step-by-step explanation:
To prevail in a negligence claim, a plaintiff must prove four key components:
- Duty - The defendant owed a legal duty to the plaintiff under the circumstances.
- Breach - The defendant breached that legal duty by acting or failing to act in a certain way.
- Causation - It must be shown that the defendant's actions, or lack thereof, actually caused the plaintiff's injury.
- Damages - The plaintiff was harmed or injured as a result of the defendant's actions.
The claim must be proved "beyond a preponderance of the evidence" in civil cases, meaning the evidence weighs more heavily in favor of the plaintiff's version of events. Moreover, expert testimony, if relevant, needs to be considered credible and in line with the consensus among experts in the pertinent field.
A case scenario such as a manufacturer selling a car model despite knowing of a brake system defect demonstrates a clear breach of duty and causation that can lead to injuries, showing negligence.