What must a plaintiff establish in a negligence claim to prevail?

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To prevail in a negligence claim, a plaintiff must establish the elements of duty, breach of duty, causation, and damages. This framework is essential in proving negligence because it demonstrates that the defendant had a legal obligation to act in a certain manner, failed to meet that obligation, and that this failure directly contributed to the harm suffered by the plaintiff.

The first element, duty, refers to the obligation one has to avoid causing harm to others. The second element, breach of duty, occurs when a defendant's actions fall short of the standard of care that can reasonably be expected in a given situation. Causation links the breach of duty to the injury suffered - it must be shown that the defendant's actions directly caused the plaintiff's damages. Lastly, damages refer to the actual losses or injuries that the plaintiff has suffered, which need to be quantifiable or demonstrable.

While emotional distress can sometimes be part of damages, it is not a standalone requirement in negligence claims. Reasonable suspicion relates more to law enforcement standards than to civil negligence claims. Proven intent to cause harm is linked to intentional torts, which differ from negligence that focuses on the lack of duty and care rather than intent. The necessity to prove the four essential elements of duty,

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