What is required to establish a prima facie case of negligence?

In order to establish a prima facie case of negligence, the following elements must be proven:

1. Duty of care: The plaintiff must show that the defendant owed a duty of care to the plaintiff. This duty is generally based on the relationship between the parties or the circumstances of the case.

2. Breach of duty: The plaintiff must show that the defendant breached the duty of care owed to them. This means that the defendant failed to act as a reasonable person would in similar circumstances.

3. Causation: The plaintiff must show that the defendant's breach of duty was the direct cause of the plaintiff's injuries or damages. This typically involves proving both actual cause (but for the defendant's actions, the injury would not have occurred) and proximate cause (the injury was a foreseeable result of the defendant's actions).

4. Damages: The plaintiff must show that they suffered actual damages as a result of the defendant's actions. This can include physical injuries, emotional distress, property damage, or financial losses.

If all of these elements are proven, the plaintiff has established a prima facie case of negligence and may be entitled to compensation for their injuries or damages.