Which of the following is NOT an element of negligence?

Which of the following is NOT an element of negligence?

• A. Cause of action
• B. Duty
• C. Breach
• D. Damages

Answer: (A)

Negligence is proven by four elements: duty, breach, causation, and damages. A “cause of action” is the legal claim you file in court, not one of the elements you must prove to establish negligence. So while you must show there was a duty to act with reasonable care, that you breached that duty, that the breach caused the injury, and that damages resulted, the act of filing the claim itself isn’t an element of negligence. The other items listed—duty, breach, and damages—are the actual elements to prove.

Negligence is proven by four elements: duty, breach, causation, and damages. A “cause of action” is the legal claim you file in court, not one of the elements you must prove to establish negligence. So while you must show there was a duty to act with reasonable care, that you breached that duty, that the breach caused the injury, and that damages resulted, the act of filing the claim itself isn’t an element of negligence. The other items listed—duty, breach, and damages—are the actual elements to prove.