In a tort of negligence case, which of the following must the plaintiff prove?

• A. The defendant owed a duty of care and did not follow the law
• B. The defendant was unaware of their duty to care
• C. The defendant had a negligent history
• D. The defendant owed a duty of care, breached it, and caused injury

Answer: (D)

In a tort of negligence case, the plaintiff must establish that the defendant owed a duty of care, breached that duty, and directly caused the plaintiff's injury. This three-part test is fundamental to demonstrating negligence.

The concept of a duty of care implies that the defendant had an obligation to act in a manner that an ordinary, reasonable person would under similar circumstances. When the plaintiff establishes that this duty existed, they must then prove that the defendant breached this duty, meaning the defendant failed to meet the expected standard of care. Finally, the plaintiff must show a direct causal link between the breach of duty and the injury sustained. This causal relationship confirms that the defendant’s actions (or lack thereof) were a significant factor in bringing about the harm.

These components validate the claim of negligence, ensuring that responsibility is accurately assigned based on the breach of care leading to measurable harm. Without proving all three elements—duty, breach, and causation—the case cannot succeed.