I am in a law class and I have been trying to find some information about this but all I find is references to elements of tort law. Are they the same things? If not what are the four elements of legal negligence? I thank you for any help you can give!
Avvo is not for homework.
Torts can be intentional or negligent.
Both require (1) duty (2) breach (3) causation (4) damages.
The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.
1 found this helpful
4 lawyers agree
Car / Auto Accident Lawyer
Tort law is essentially the law of negligence. Negligence is:
3) Proximate Cause
Owens & Miller, PLLC
4030 Wake Forest Road, Suite 101
Raleigh, NC 27609
Phone no: (919) 719-2750
Fax no: (919) 516-0063
4 lawyers agree
Personal Injury Lawyer
Avvo Email - Rated Professionals. Expert Advice.The elements are: 1. Duty, 2. Breach, 3. Causation, 4. Damages.
Negligence is a tort.
This response is general legal information. To the extent it is advice, it applies only to North Carolina, the state where Locke Milholland is licensed to practice law. The response applies only to the limited facts presented. Additional or different facts may result in a different response. This response does not and is not intended to create an attorney client relationship.
**Disclaimer** I am licensed to practice in North Carolina. I practice out of Raleigh and Wake County. This answer, to the extent it provides legal advice, is fact specific, and only intended for the jurisdiction where I am licensed.
Nursing Home Abuse / Neglect Lawyer
Duty, by statute, contract or assumed
Breach of Duty or Standard of Care
Causation, Breach caused damages
You must have all 4 to have a claim
AVVO DISCLAIMER I am licensed in Minnesota only and my answers on Avvo assume Minnesota law. The answers I provide are for general information only and are NOT INTENDED AS LEGAL ADVICE and therefore must not be relied upon. Legal advice must be based on the interaction between an attorney and client and specific exact facts and the law. I do not retain clients without a signed RETAINER AGREEMENT. The Avvo forum does not allow for the discussion and the interaction necessary to form a complete legal analysis. Therefore the answers given to any specific question would most likely be different if there was attorney-client interaction. The exchange of information through this forum does not establish such an attorney client relationship. An attorney-client relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged nor are they confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and statutory time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in the answers to any question, if you are an interested party you should promptly and personally consult with an qualified attorney for legal advice licensed in the proper jurisdiction. Finally, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference.
2 lawyers agree
Personal Injury Lawyer
All of the duty breach cause and harm answers are absolutely correct. But, without including foreseeability into the analysis you would miss a key ingredient into any negligence prima facie case. Foreseeability can come into both the duty and the causation elements.
/s/ Professor Myers
Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only. Actual legal advice can only be given by an attorney licensed in your jurisdiction, thoroughly familiar with the area of the law in which your concern lies. This creates no attorney-client relationship.