What must a plaintiff prove to win a lawsuit for negligence?

To win a lawsuit for negligence, a plaintiff must prove that the defendant owed a duty of care and failed to uphold that duty, which is captured in the first option. This concept of a duty to be reasonably careful is foundational in negligence law. It establishes that individuals have an obligation to act in a manner that does not foreseeably harm others. For example, drivers have a duty to operate their vehicles safely to avoid injuring other road users.

If the plaintiff can demonstrate that such a duty existed and that the defendant breached this duty (by acting recklessly or failing to act when they should have), it forms the basis for the negligence claim. This standard of care varies depending on the relationship between the parties and the circumstances involved, but the existence of a duty to act reasonably is a critical element that must be proven to establish liability.

The other options, such as a breach of confidentiality or a requirement of insurance, are not elements that need to be proven in a negligence case. Likewise, malicious intent relates to intentional torts, which differ fundamentally from negligence claims where the focus is on carelessness rather than intent to harm.