Which elements are necessary to establish negligent liability?

Which elements are necessary to establish negligent liability?

• A. Intent and harm
• B. A legal duty and a breach of that duty, proximate cause, resulting injury or damage to another person
• C. Awareness and consent
• D. Foreseeability and risk

Answer: (B)

To establish negligent liability, it is essential to demonstrate four key elements: a legal duty, a breach of that duty, proximate cause, and resulting injury or damage to another person. First, the existence of a legal duty refers to the responsibility one person has to avoid causing harm to another. This duty often arises from laws, regulations, or established social norms. Second, a breach of that duty occurs when a person fails to meet the standard of care expected in that situation, indicating that they did not act as a reasonably prudent person would have. The concept of proximate cause links the breach of duty to the injury or damage; it suggests that the harm caused was a foreseeable result of the breach. Finally, the resulting injury or damage must be actual and quantifiable, demonstrating that the breach of duty directly caused harm to another person. The other options do not encompass all necessary components for establishing negligence. For instance, intent and harm imply a purposeful action rather than a failure to act appropriately, while awareness and consent pertain more to contractual obligations than to negligence. Foreseeability and risk are relevant in determining duty and breach but do not constitute the full framework needed to establish negligent liability.

To establish negligent liability, it is essential to demonstrate four key elements: a legal duty, a breach of that duty, proximate cause, and resulting injury or damage to another person.

First, the existence of a legal duty refers to the responsibility one person has to avoid causing harm to another. This duty often arises from laws, regulations, or established social norms. Second, a breach of that duty occurs when a person fails to meet the standard of care expected in that situation, indicating that they did not act as a reasonably prudent person would have.

The concept of proximate cause links the breach of duty to the injury or damage; it suggests that the harm caused was a foreseeable result of the breach. Finally, the resulting injury or damage must be actual and quantifiable, demonstrating that the breach of duty directly caused harm to another person.

The other options do not encompass all necessary components for establishing negligence. For instance, intent and harm imply a purposeful action rather than a failure to act appropriately, while awareness and consent pertain more to contractual obligations than to negligence. Foreseeability and risk are relevant in determining duty and breach but do not constitute the full framework needed to establish negligent liability.