In a claim for Negligence there are 4 main elements that must be present. If any of these elements cannot be met then the claim will fail
- The Claimant was owed a Duty of Care.
- Duty of Care is breached.
- Causation – Both legal and Factual Causation must be present
- Remoteness of Damage (The damage suffered cannot be too remote)
The legal burden of proof falls on the Claimant in any Negligence claim.