In tort law, negligence is a foundational concept that underpins many personal injury cases. To establish negligence, a plaintiff must prove four key elements:

1. Duty of Care: The defendant must owe a legal duty to the plaintiff. This duty arises when the law recognizes a relationship between the defendant and the plaintiff that obligates the defendant to act in a certain manner toward the plaintiff.
2. Breach of Duty: The plaintiff must demonstrate that the defendant breached this duty by failing to conform to the required standard of care. This is typically evaluated by asking whether the defendant’s actions were those of a reasonably prudent person under similar circumstances.
3. Causation: The plaintiff must show that the defendant’s breach of duty directly caused the plaintiff’s injury. This involves two components: 
   • Actual Cause: Also known as "but-for" causation, meaning the injury would not have occurred but for the defendant’s actions.
   • Proximate Cause: This limits liability to harms that were a foreseeable result of the defendant’s actions. 
4. Damages: The plaintiff must have suffered actual harm or injury as a result of the defendant’s breach. Without demonstrable damages, a negligence claim cannot succeed.

Negligence claims can arise in many scenarios, from car accidents to medical malpractice. Understanding these elements is crucial for both plaintiffs and defendants in evaluating the strength of a case.

• Discussion Question: Can you think of a real-world example where the duty of care might be unclear? How should courts approach cases where the duty of care is in question?
  
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