What are the elements of a negligence cause-action?
California, United States of America
The following excerpt is from Kaiser v. Sports Car Racing Ass'n of the Monterey Peninsula, H040850 (Cal. App. 2015):
At the outset, we set forth the elements of a negligence cause of action: "(1) the defendant's legal duty of care towards the plaintiff, (2) the defendant's breach of that duty, (3) injury to the plaintiff as a proximate result of the breach, and (4) damage to the plaintiff. [Citation.]" (Jones v. Grewe (1987) 189 Cal.App.3d 950, 954.)
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