The elements of a personal injury claim based on the negligence are:
- Duty of care: The defendant had a legal obligation to act with reasonable care towards the plaintiff.
- Breach of duty: The defendant failed to fulfill their duty of care by acting carelessly or recklessly.
- Causation: The defendant’s breach of duty caused the plaintiff’s injury.
- Actual damages: The plaintiff suffered actual harm or injury as a result of the defendant’s actions.
- Proximate cause: The defendant’s breach of duty was a direct and foreseeable cause of the plaintiff’s injury.