| A | B |
|---|
| 4 Elements of Negligence | Duty Breach of Duty, Causation, Damages |
| Breach of Duty | Violation of Duty |
| Causation | The Reason an Event Occurs |
| Damages | Injuries or Losses Suffered Due to Fault of Another |
| Cause in Fact | plaintiff would not have been harmed if the defendant had not acted wrongfully |
| Proximate Cause | legal cause of harm limits damages defendant must pay |
| 3 Defenses To Negligence | Contributory Negligence, Comparative Negligence, Assumption of Risk |
| Contributory Negligence | plaintiff and defendant share fault; plaintiff unable to claim damages1 |
| Comparative Negligence | finds plaintiff is party at fault and doesn't deserve full compensation for their injuries |
| Assumption of Risk | when there is a known risk of danger |
| Strict Liability | legal responsibility for damage or injury even if you are not at fault |
| Counterclaim | claim made by defendant againt the plaintiff |
