What are the elements of a successful negligence case?
British Columbia, Canada
The following excerpt is from Stratus Contracting Ltd. v Zimmerman, 2018 BCSC 2308 (CanLII):
In Mustapha v. Culligan Canada, 2008 SCC 27 the court outlined the elements that are required in a successful negligence case at para. 3: A successful action in negligence requires that the plaintiff demonstrate (1) that the defendant owed him a duty of care; (2) that the defendant’s behaviour breached the standard of care; (3) that the plaintiff sustained damage; and (4) that the damage was caused, in fact and in law, by the defendant’s breach…
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