What must occur for negligence to be established?

For negligence to be established, the presence of an injury is a fundamental requirement. Negligence refers to a failure to exercise the care that a reasonable person would in a similar situation, leading to harm or injury to another party. This means that for an accusation of negligence to hold up, there must be a tangible injury or damage that resulted from that lack of care.

In addition to injury, establishing negligence typically involves proving that the obligated party had a duty of care, breached that duty, and that the breach directly caused the injury. Without a demonstrable injury, the claims of negligence cannot proceed, as there would be no harm to justify the assertion of negligence. Thus, the presence of an injury is the essential element that links the alleged negligent behavior to the adverse outcome experienced by the injured party.