To establish negligence which of the following must be proven

You must also show that there was a reasonable expectation for the defendant to foresee that his or her actions might cause an injury to the plaintiff.

This means that, regardless of the defendant's actions, he or she will likely not be held liable for an injury that was random or unforeseeable. For more severe accidents, victims can also pursue noneconomic damages. These types of damages are highly subjective and vary widely depending on the severity of the accident and the effects on the victim.

Some common examples of noneconomic damages include pain and suffering, loss of enjoyment of life, and disability or disfigurement. These four elements listed above are vital aspects in every personal injury case. Our lawyers are available to evaluate your situation and discuss your legal options. There are a variety of ways to prove the different elements of negligence. For example, if a driver received a traffic citation in connection with an accident, it is usually pretty easy to establish this person is at fault for any injuries or property damage that resulted.

You may have to contend with arguments from the at-fault party that you assumed the risk of injury when you engaged in the activity that led to your injury. If the defendant owed a duty and did not fulfill that duty, then he or she is in breach. This element is almost always in dispute with defendants arguing that the plaintiff suffered no injury or suffered minor injuries and the plaintiff arguing the opposite. Many cases involve some level of contributory or comparitive negligence as it is common for defendants to argue that the plaintiff brought the injuries upon themselves or acted in a way that made the harm more likely.

In law school, students often study a case called Palsgraf v. Long Island Railroad Co. The same principles discussed in this case are still used today in Colorado. Primary factors to consider in ascertaining whether the person's conduct lacks reasonable care are the foreseeable likelihood that the person's conduct will result in harm, the foreseeable severity of any harm that may ensue, and the burden of precautions to eliminate or reduce the risk of harm.

Negligent conduct may consist of either an act, or an omission to act when there is a duty to do so. Four elements are required to establish a prima facie case of negligence:. Typically, if the defendant had a duty to act, did not act resulting in a breach , and that breach caused an injury, then the defendant's actions will be classified as misfeasance.

There are several ways to determine whether the defendant had a duty to act note: this is NOT an exhaustive list :. Duty: You must first prove that the person against whom your claim is made owed a duty to you. The duty can arise from ownership or operation of the instrument of the injury, the relationship between the people involved, or by law. The existence of a duty is fundamental to a successful claim.

Breach of Duty: You must then prove that the responsible party breached its duty. A breach can come as a result of an action or, sometimes, inaction by the responsible party.