Question

True or False? In a negligence action, as part of its causation determination, a jury must determine if it was foreseeable that harm would occur from the failure to meet the standard of care.

Answer 1

True, will be the answer.

Because in a negligence case, when the juries decide on the verdict, they are instructed to compare all the facts, testimony, and evidence in determining that all the 5 elements are satisfied. The 5 elements include Duty, Breach of Duty, Cause in Fact, Proximate cause, and Damages.

A jury determines whether a defendant owed a duty of care to a plaintiff and the defendant meets the standards of care towards the plaintiff. The jury should determine if it was foreseeable that harm would occur from the failure to meet the standard of care. It is not enough to prove that another person owed a duty, but the lawyer must also prove that the negligent person breached his duty and didn’t meet the standard of care towards the other person.

answered by: anonymous