The Six Elements of Negligence
In a successful negligence claim, you must show that each of the following six elements were present at the time of your accident or injury occurred: (1) Duty of care owed by the defendant (person and/or entity who caused the injury) to the plaintiff (you) - the outcomes of some negligence cases depend on whether the defendant owed a duty to the plaintiff. Such a duty arises when the law recognizes a relationship between the defendant and the plaintiff, and due to this relati