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What are the elements of a negligence claim?

1) Intent or reckless
2) Extreme and outrageous
3) Third party relative or injured
4) Causation
5) Damages beyond

User Bschwagg
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1 Answer

5 votes

Final answer:

The elements of a negligence claim include duty of care, breach of duty, causation, and injury or damages.

Step-by-step explanation:

The elements of a negligence claim are:

  1. Duty of care: The defendant owed a duty of care to the plaintiff.
  2. Breach of duty: The defendant breached their duty of care to the plaintiff.
  3. Causation: The defendant's breach of duty caused the plaintiff's injury or damages.
  4. Injury or damages: The plaintiff suffered some form of injury or damages.

Intent or recklessness, extreme and outrageous behavior, and third-party involvement are not necessarily elements of a negligence claim but rather elements of other legal claims such as intentional torts or intentional infliction of emotional distress.

User Amerie
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