If an individual fails to exercise reasonable care which causes injury to the person or property of another, the injured party may bring a claim for negligence seeking compensation for the damages sustained. The individual who brings such a claim is termed the plaintiff. The defendant is the person, organization or party against whom the claim has been brought.
To bring a successful claim for negligence, a plaintiff must prove the following four elements:
1. Duty: The defendant owed the plaintiff a duty to exercise reasonable care
2. Breach: The defendant breached the duty of care owed to the Plaintiff
3. Causation: The defendant’s breach was the proximate cause of injury to the Plaintiff
4. Damages: The Plaintiff suffered damages for which he/she is entitled to compensation.