California, United States of America
The following excerpt is from Jane Doe v. Walmart Stores, Inc., G054660 (Cal. App. 2018):
"The elements of a cause of action for negligence are (1) the existence of a legal duty to use due care; (2) a breach of that duty; and (3) the breach as a proximate cause of the plaintiff's injury. [Citation.] 'As a practical matter, these elements are interrelated, as the question whether an act or omission will be considered a breach of duty or a proximate cause of injury necessarily depends upon the scope of the duty imposed. . . . [Citation.]'" (Federico v. Superior Court (1997) 59 Cal.App.4th 1207, 1210-1211 (Federico).) Consequently, to prevail in a negligence suit requires a plaintiff "to prove duty, breach [of that duty], causation, and damages." (Regents, supra, 4 Cal.5th at p. 618.)
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