The Duty and Proximate Causation Elements in Negligence Actions

A negligence action has four elements a plaintiff must prove: “(1) a duty by defendant to conform to a certain standard of conduct; (2) a breach by defendant of that duty; (3) a causal connection between the breach and injury to plaintiff; and (4) loss or damage to plaintiff.” Las Olas Holding Co. v. Demella, 228 So.3d 97, 102 (Fla. 4th DCA 2017) (quotation omitted). The third element, causal connection, refers to proximate causation. See id. at 106. A recent case discusses both the duty element (a question of law) and proximate causation element (a question of fact) with notable analysis...

07 March

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Proximate Causation in a Negligence Action and the Granting of a Directed Verdict in a Negligence Action

Posted by David Adelstein

in Burden of Proof, Evidence

Mostly everyone has heard of the term “negligence.” Negligence actions oftentimes form the basis of personal injury claims and, in certain instances, property damage claims. (For example, this article discusses negligence actions in premise liability claims.) To prove a negligence claim, a plaintiff must prove the following elements: 1) the defendant owed a duty of care to the plaintiff, 2) the defendant breached that duty of care, 3) the defendant’s breach proximately caused damages to the plaintiff, and 4) the plaintiff suffered injuries / damages. The Florida Supreme Court in Sanders v. ERP Operating, Ltd. Partnership, 2015 WL 569041 (Fla. 2015) recently...

proximate causation Tag

The Duty and Proximate Causation Elements in Negligence Actions

Proximate Causation in a Negligence Action and the Granting of a Directed Verdict in a Negligence Action