Elements of negligence in New Zealand

What are the four elements to proof negligence in New Zealand

In New Zealand, negligence is a legal concept that refers to a failure to take reasonable care in a particular situation, which results in harm to another person. To establish negligence in a legal claim, the following elements must be present:

  1. Duty of care: The defendant (the person being sued) owed the plaintiff (the person bringing the claim) a duty of care to take reasonable precautions to prevent harm.
  2. Breach of duty: The defendant failed to take reasonable care and breached their duty of care.
  3. Causation: The defendant’s breach of duty caused the harm suffered by the plaintiff.
  4. Damage: The plaintiff suffered some form of damage as a result of the defendant’s actions or lack of action

It is important to note that the standard of care required in a particular situation may vary depending on the circumstances. For example, a doctor owes a higher duty of care to a patient than a casual acquaintance owes to a stranger.

If you believe that you have suffered harm as a result of another person’s negligence, it is advisable to seek legal advice to determine whether you have a claim for compensation.

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