What are the four factors of negligence?

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Under Florida law, the elements of proving a negligence case include:

  • Duty of care. This is the existence of a duty to act or not act in a certain situation for the protection of others;
  • Breach of duty. Defendant failed to act or not act in accordance with the duty owed;
  • Causation. Injury resulted from the breach of duty;
  • Damages. Plaintiff suffered injury and damages. 

The plaintiff must prove all four elements to recover under negligence law in Florida. 

If you or a loved one has been injured and you think you may have a negligence case, contact one of the experienced personal injury attorneys at Berke Law today.