Which element of negligence is the failure to provide the same care that a person with similar training would provide?

Which element of negligence is the failure to provide the same care that a person with similar training would provide?

• A. Duty
• B. Breach of Duty
• C. Damages
• D. Causation

Answer: (B)

Falling short of the standard of care is the breach of duty. In negligence, you must show a duty to exercise reasonable care, a breach of that duty, that the breach caused harm, and that damages occurred. Saying you didn’t provide the same care a person with similar training would provide describes a departure from what is reasonably expected. That departure is the breach of duty—the fault that begins the liability chain. Once breach is established, you then assess whether it caused the damages, and what those damages were.

Falling short of the standard of care is the breach of duty. In negligence, you must show a duty to exercise reasonable care, a breach of that duty, that the breach caused harm, and that damages occurred. Saying you didn’t provide the same care a person with similar training would provide describes a departure from what is reasonably expected. That departure is the breach of duty—the fault that begins the liability chain. Once breach is established, you then assess whether it caused the damages, and what those damages were.