Clarence Bubba Wheeler - Assignment 1.edited.docx - Clarence Bubba Wheeler – HCR 587 Assignment 1 5 What element must be proven in order to be

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Clarence Bubba Wheeler – HCR 587 Assignment 1 5. What element must be proven in order to be successful in a negligence suit? Four elements of negligence must be proven in order for a plaintiff to recover damages.1. Duty to care: Obligation to conform to a recognized standard of care.2. Breach of duty: Deviation from the recognized standard of care; failure to adhere to an obligation. 3.Injury: Actual damages must be established. If there are no injuries, monetary damages cannot be awarded to the plaintiff (s).4. Causation: Departure from the standard of care must be the cause of the plaintiffs’ injury. The injury must be foreseeable. The standard of care describes what conduct is expected of an individual in a given situation. The general standard of acceptable care is based on what a reasonably prudent person would do or not do acting under the same or similar circumstances. The reasonable prudent doctrine describes a nonexistent, hypothetical person who is put forward as the community ideal of what would be considered reasonable behavior. 6. Can a "duty to care" be established by statute or contract? Both. The standard for care outlined by the statue, the following elements must be present: 1. The defendant must have been within the specified class of person outlined in the statue. 2. The plaintiff must have been injured in a
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