What are the elements of a negligence claim?
British Columbia, Canada
The following excerpt is from Plante v Mackenzie, 2021 BCSC 2468 (CanLII):
A negligence claim has four elements. First, the plaintiff must prove that the defendant owed them a duty of care. Second, the plaintiff must show that the defendant breached the standard of care. Third, the plaintiff must prove that they suffered damage. Fourth, the plaintiff must prove that the defendant’s conduct caused, in fact, and in law, the plaintiff’s injury: Mustapha v. Culligan of Canada Ltd., 2008 SCC 27 at para. 3.
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