Sentences with phrase «basic elements of negligence»

Lastly, the plaintiff must show the basic elements of negligence against the actual driver.

Under Georgia law, a plaintiff in a negligence action must establish, by a preponderance of the evidence, the basic elements of negligence, which are duty, breach of duty, causation, and damages.

Duty, breach, causation, and damages are the basic elements of negligence.

Not exact matches

A basic element in the law of negligence and adequate student supervision in Australia and the United States is forseeability, namely the duty of educators to anticipate and prevent accidents that can reasonably have been anticipated.

It is a basic principle of the law of negligence that it is not sufficient for a plaintiff to merely demonstrate that a defendant had acted negligently; it must also establish that the defendant's negligence is what caused the plaintiff's injury.8 The onus lies on the plaintiff to establish causation as a probability and it is insufficient to merely demonstrate that the defendant's negligence caused the plaintiff injury.9 The proof of causation is a necessary element of negligence, as «a defendant in an action in negligence is not a wrongdoer at large: he [or she] is a wrongdoer only in respect of the damage which he [or she] actually causes to the plaintiff.

When we file a lawsuit alleging negligence on the part of the defendant, we have to be able to prove four basic elements of your case in court: