Proof that the defendant breached a duty does not guarantee that the plaintiff will win a negligence case.Group of answer choicesTrueFalse
Question
Proof that the defendant breached a duty does not guarantee that the plaintiff will win a negligence case.
Group of answer choices
- True
- False
Solution
The statement is True.
In a negligence case, proving that the defendant breached a duty of care is just one element of the claim. The plaintiff must also establish other elements such as:
- Duty: The defendant owed a duty of care to the plaintiff.
- Breach: The defendant breached that duty.
- Causation: The breach caused the plaintiff's injury (both actual and proximate causation).
- Damages: The plaintiff suffered damages as a result.
Even if the plaintiff can prove a breach of duty, if they fail to establish any of the other elements (especially causation or damages), they may not win the case. Thus, proving a breach does not automatically guarantee a victory for the plaintiff.
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