How many elements must be established to form a prima facie case in negligence?

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To establish a prima facie case in negligence, a plaintiff must demonstrate four essential elements: duty, breach of duty, causation, and damages.

The first element, duty, involves showing that the defendant had a legal obligation to act in a certain way toward the plaintiff, typically a standard of care that a reasonable person would observe under similar circumstances.

The second element, breach of duty, requires the plaintiff to prove that the defendant failed to meet that standard of care, resulting in unsafe conditions that contributed to the incident at hand.

The third element, causation, is twofold and includes both factual cause (or "but-for" causation) and proximate cause, demonstrating that the breach of duty directly caused the plaintiff’s injuries.

Lastly, the element of damages necessitates that the plaintiff suffered actual harm or injury as a result of the defendant's breach.

By successfully proving these four elements, the plaintiff establishes a prima facie case for negligence, which can then proceed for consideration by the court or jury.

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