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What Is Legal Negligence?

Legal negligence is a tort claim made by an individual who has suffered losses due to the inability of another to provide reasonable care. One party can sue the other for negligence in a civil lawsuit. However, to win a civil lawsuit based on this claim depends on the evidence presented in court.

A plaintiff has the burden of proving legal negligence indeed happened by proving 4 elements. The first element to prove is that the defendant was obliged to provide some form of care for the plaintiff. This can be in the form of a warning placed on a product from a manufacturer or a caretaker in charge of another individual. In any case, one party is obliged to provide a form of care in order to prevent harm to another party. The second element to prove is that the defendant breached this obligation of care. The plaintiff must prove that the defendant did not act or did act in a manner that placed the plaintiff in jeopardy. The third element that must be proven is that the plaintiff suffered injury or loss. This can be seen in the case wherein a manufacturer may withhold placing a warning label on a product. The last element to prove in a case of legal negligence is that the injury or loss suffered by the plaintiff is directly due to the negligence shown by the defendant.

These are the 4 general elements that must be proven in a case of legal negligence. However, such conditions may vary in terms of specifics among states and countries.

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