What is the test for a negligence cause of action?
California, United States of America
The following excerpt is from Shipp v. W. Eng'g, Inc., 269 Cal.Rptr.3d 503, 55 Cal.App.5th 476 (Cal. App. 2020):
To support a negligence cause of action, a plaintiff must plead and prove: (1) the defendant owed the plaintiff a legal duty, (2) the defendant breached the duty, and (3) the breach was a proximate or legal cause of the plaintiff's injuries. (
[269 Cal.Rptr.3d 514]
Merrill v. Navegar, Inc. (2001) 26 Cal.4th 465, 477, 110 Cal.Rptr.2d 370, 28 P.3d 116.)
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