Neglect Discuss the Elements of a Cause Essay

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Neglect

Discuss the elements of a cause of action based on negligence.

Negligence is defined as "the failure to do what a reasonable person would do under the same or similar circumstances." Action that is opposite of what a reasonable person would do in a given situation is neglectful. In order to be held financially or criminally liable for damages caused in an incident, it must be proven that the defendant was the one who caused the damage to the defendant or defendants. Also, it must be proven that the actions of the defendant were such that, had more attention been paid or more care been given, the situation would not have culminated as it did. A clear determination must be made that the actions of the defendant were singularly responsible for the incident and that the situation could not be classified as an unfortunate accident wherein the conclusion was inevitable based on components which were not the fault of either defendant or plaintiff. In order to successfully argue a negligence case, the plaintiff must prove four things: "(1) duty, (2) breach of duty, (3) causation, and (4) damages."

2. Explain the concept of causation and the various theories that go along with it in a negligence matter.

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In a case of negligence it is the responsibility of the plaintiff or prosecution to prove that the defendant's behavior led to events where injury or damages could be done. They have to prove that not only did the person perform irresponsible actions which fit the definitions of neglect, but that they were also knowledgeable that their actions could lead to destruction or damages. Causation is the cause in fact. It must be determined that the defendant's actions were the direct cause of damage or injury to the plaintiff(s). Causation is comprised of two components: actual cause and proximate cause. Actual cause is the finding that the defendant's actions did cause the injury or damage to the other party. It is also called "but-for" causation because had it not been for the negligent actions of the defendant, the plaintiff would not have been placed in harm's way. Proximate cause is also called legal cause. It is how much responsibility the defendant has for events based on foreseeable events.

3. Identify and define the defenses that could exist in….....

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