Which of the following is an element of negligence?

• A. Duty
• B. Intent
• C. Negligence per se
• D. Res ipsa loquitur

Answer: (A)

Duty is the obligation to conform to a standard of reasonable care to protect others from foreseeable harm. In a negligence claim, proving that the defendant owed a duty to the plaintiff is essential before any breach can be evaluated. If no duty exists, the claim ends there regardless of what happened next. After duty is established, the plaintiff must show a breach of that duty, causation, and damages to complete the claim.

Intent is not required in negligence; it belongs to intentional torts. Negligence per se is a doctrine that can help prove breach by showing a violation of a statute designed to protect a class from a specific harm, but it is not itself one of the basic elements. Res ipsa loquitur is another doctrinal tool that allows an inference of negligence when the nature of the accident implies it and the defendant had control, but again it is not an elemental requirement of negligence.