How is negligence established in a tort case?

In tort law, to establish negligence, a plaintiff must demonstrate four key elements: duty, breach, causation, and damages.

Duty refers to the legal obligation that one party owes to another to act in a certain way, typically to avoid foreseeable harm. Breach is the failure to meet that duty, such as acting in a careless manner. Causation involves showing that the breach of duty directly caused the injury or harm, linking the defendant's actions to the consequences suffered by the plaintiff. Finally, damages refer to the actual harm or loss that occurred, which the plaintiff seeks to recover.

This structured approach is essential because it outlines the steps needed to prove negligence systematically, making it clear what the plaintiff must establish for a successful claim. Each of these elements plays a critical role in demonstrating that the defendant failed to meet the legal standards of conduct, thereby causing harm to the plaintiff. This framework is what differentiates negligence from other types of torts, such as intentional torts, which do not require proof of duty or breach in the same way.