Criminal Justice Discussion
| What are the elements needed to prove a claim of negligence? In your opinion, was McDonald’s negligent in the famous “hot coffee” lawsuit? If you had been the judge in that case, would you have ruled differently? Please explain your reasoning. Must be at least 300 word count |
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Solution Preview
Negligence can be defined as the act which brings about an injury to another person since reasonable care was not taken. A successful claim of negligence will have to rely on five elements. The five components include a duty of care, breach of that duty, causation, proximate cause and damages. To prove a negligence claim, the plaintiff has to establish that the defendant owed a duty of care towards him or her. The plaintiff also has to show that the defendant was supposed to act in a particular way further avoiding an injury being sustained by the plaintiff. One of the most significant cases,
(753 words)