Civil And Criminal Wrongdoings By Law And Grounds For A Lawsuit
When going to court for a negligence case the plaintiff must have all elements in order to prove that that defendant was negligent and liable for the injuries sustained. In negligence cases that outcome of the case depends on whether the defendant owes a duty to the plaintiff. A duty is a moral or legal obligation. A judge rather than a select jury usually determines this.
Element number one is duty. In a case of negligence duty is when a person should act responsible. Step number one is to identify whether the defendant owed a duty to the plaintiff. The duty of responsible care is to not to place others at risk of harm through conduct.
Element number two is breach of duty. This is when the court will identify whether the defendant failed to satisfy their moral obligations to the plaintiff. “For example, that the defendant acted negligently; alternatively, the defendant may have acted with reasonable care, but was engaged in an activity that creates such a high risk of danger that accidents…