What should a plaintiff prove to succeed in a negligence claim?

Study for the NYLE Civil Practice and Procedure Test. Prepare with multiple choice questions and detailed explanations. Ace your exam with confidence!

To succeed in a negligence claim, a plaintiff must establish that the defendant owed a duty of care to the plaintiff and that this duty was breached. This foundational principle is essential in tort law, as it creates the framework for determining whether the defendant's actions are legally actionable.

The duty of care refers to the obligation of individuals to act with the caution and regard for the safety of others that a reasonable person would exercise in similar circumstances. When this duty is breached—whether through an act of negligence or an omission—the plaintiff can argue that the defendant's conduct directly led to the alleged harm.

In addition to establishing that a duty existed and was breached, the plaintiff must also demonstrate that the breach caused actual damages, usually in the form of physical injury, financial loss, or other recognizable harm. However, the correct answer centers specifically on the duty of care and its breach, which are key elements necessary for establishing negligence.

The other options do not align with the essential components of a negligence claim. For instance, acting in good faith does not negate a finding of negligence; instead, the focus is on whether the standard of care was met. Similarly, damages being minimal does not relate to the elements that need to be proven, since the focus is on establishing

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