Neglect
Discuss the elements of a cause of action based on negligence.
Negligence is defined as "the failure to do what a reasonable person would do under the same or similar circumstances." Action that is opposite of what a reasonable person would do in a given situation is neglectful. In order to be held financially or criminally liable for damages caused in an incident, it must be proven that the defendant was the one who caused the damage to the defendant or defendants. Also, it must be proven that the actions of the defendant were such that, had more attention been paid or more care been given, the situation would not have culminated as it did. A clear determination must be made that the actions of the defendant were singularly responsible for the incident and that the situation could not be classified as an unfortunate accident wherein the conclusion was inevitable based on components which were not the fault of either defendant or plaintiff. In order to successfully argue a negligence case, the plaintiff must prove four things: "(1) duty, (2) breach of duty, (3) causation, and (4) damages."
2. Explain the concept of causation and...
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