What two elements must be established to prove negligence?

To establish negligence, it is essential to demonstrate two critical elements: causation in fact and proximate cause.

Causation in fact, also known as "but-for" causation, confirms that the injury would not have occurred "but for" the defendant's actions. This establishes a direct link between the defendant's conduct and the resulting harm.

Proximate cause, on the other hand, addresses whether the injuries sustained were a foreseeable result of the defendant's actions. It examines the relationship between the act and the injury, considering if the harm was a natural consequence that could reasonably have been anticipated.

Together, these elements form the foundation for proving negligence, allowing a plaintiff to hold a defendant responsible for harm caused through a lack of reasonable care. This understanding is crucial in legal scenarios related to personal injury and liability.

The other options do not encapsulate the essential elements required to prove negligence. Witness accounts and circumstantial evidence pertain to the collection of proof rather than the foundational elements of negligence itself. Intent and recklessness relate to different areas of tort law and do not apply to negligence, while breach of duty and punitive damages are relevant, but punitive damages are not a primary element in establishing negligence, rather an outcome related to the severity