Elements of a Negligence Case In order for a plaintiff to win a lawsuit for negligence, he or she must prove all of the "elements." For instance, one of the elements is "damages," meaning the plaintiff must have suffered damages (injuries, loss, etc.) in order for the defendant to be held liable. read more
The Elements of Negligence. There are four distinct elements of negligence. An “element” is an essential component of a legal claim. If you cannot establish each of the four elements of negligence, you will not be able to secure compensation for your injuries. read more
The Four Basic Elements of Negligence. 1. Presence of a Duty of Care. The first element is establishing the presence of a duty owed by one person to another. People have a duty to act in a reasonable manner toward others. Each unique personal injury claim starts with identifying this duty. read more