What are the elements of a cause of action for negligence?

California, United States of America


The following excerpt is from Mendoza v. City of Los Angeles, 66 Cal.App.4th 1333, 78 Cal.Rptr.2d 525 (Cal. App. 1998):

The elements of a cause of action for negligence are (1) a legal duty to use reasonable care, (2) breach of that duty, and (3) proximate cause between the breach and (4) the plaintiff's injury. (Wattenbarger v. Cincinnati Reds, Inc. (1994) 28 Cal.App.4th 746, 751, 33 Cal.Rptr.2d 732.) The trial court's determination that a duty exists is reviewed de novo by the appellate court as a question of law. (Koepke v. Loo (1993) 18 Cal.App.4th 1444, 1450-1451, 23 Cal.Rptr.2d 34.)

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