Describe what a plaintiff must prove in order to be successful in a negligence suit.
What will be an ideal response?
Basically, negligence is an unintentional breach of duty by the defendant that results in harm to another. A plaintiff in a negligence suit must prove several things to recover:
1. That the defendant had a duty not to injure the plaintiff.
2. That the defendant breached that duty.
3. That the defendant's breach of duty was the actual and legal (proximate) cause of the plaintiff's injuries. To be successful, the plaintiff must also overcome any defenses to negligence liability raised by the defendant.
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