If a plaintiff successfully proves two of the four elements of negligence, and one of them is causation, the defendant will be held liable for ordinary negligence.

Question

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In order for a defendant to be held liable for negligence, all four elements of negligence (duty, breach, causation, and damages) must be proven by the plaintiff. The successful proof of only two elements, even if one of them is causation, is not enough to hold the defendant liable for negligence.

If a Plaintiff Successfully Proves Two of the Four Elements