If a plaintiff cannot establish all four elements of a negligence claim, what result should the plaintiff expect?
A) The plaintiff can prevail as long as the plaintiff successfully showed causation and damages, even if the plaintiff did not prove breach of duty.
B) The plaintiff can prevail if the court believes the defendant should be punished for his conduct, even though a plaintiff could not establish all four elements of a negligence claim.
C) The plaintiff can prevail at the discretion of the judge if the judge believes it is too difficult for the plaintiff to meet the burden of proof.
D) The plaintiff will be denied recovery due to a failure to establish all four elements of a negligence case.
E) The plaintiff will be denied recovery only if the judge cannot subpoena the necessary witnesses to come and testify in court.

Question

Quizplus · Accepted Answer

To succeed in a negligence claim, a plaintiff must establish four elements: duty, breach, causation, and damages. Failure to prove any one of these elements typically results in the denial of recovery.

If a Plaintiff Cannot Establish All Four Elements of a Negligence