If a Plaintiff Cannot Establish All Four Elements of a Negligence

question 64

Multiple Choice

If a plaintiff cannot establish all four elements of a negligence claim, what result should the plaintiff expect?

• A) The plaintiff can prevail as long as the plaintiff successfully showed causation and damages, even if the plaintiff did not prove breach of duty.
• B) The plaintiff can prevail if the court believes the defendant should be punished for his conduct, even though a plaintiff could not establish all four elements of a negligence claim.
• C) The plaintiff can prevail at the discretion of the judge if the judge believes it is too difficult for the plaintiff to meet the burden of proof.
• D) The plaintiff will be denied recovery due to a failure to establish all four elements of a negligence case.
• E) The plaintiff will be denied recovery only if the judge cannot subpoena the necessary witnesses to come and testify in court.

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