What must a plaintiff prove to establish negligence?
British Columbia, Canada
The following excerpt is from Parlby v Starr, 2017 BCSC 2353 (CanLII):
There is no dispute about what a plaintiff must prove to establish a claim in negligence: (1) the defendant owed him a duty of care; (2) the defendant breached the standard of care; (3) the plaintiff sustained damage; and (4) that damage was caused, in fact and in law, by the defendant’s breach (Mustapha v. Culligan of Canada Ltd., 2008 SCC 27 at para. 3).
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