For a claim of negligence to be successful, what element must be present in addition to damages?

For a claim of negligence to be successful, the presence of factual cause, often referred to as "cause in fact," is essential alongside the requirement of damages. Factual cause essentially determines whether the defendant's conduct was a direct cause of the plaintiff's injury. The principle behind this element is that the plaintiff must demonstrate that the harm would not have occurred "but for" the defendant's actions.

In negligence cases, proving factual cause is crucial because it establishes the link between the defendant's conduct and the resultant damages experienced by the plaintiff. This connection is fundamental to holding the defendant accountable; without it, even if damages are evident, there may be no basis for liability since the defendant's actions might not have contributed to the harm.

In contrast, emotional distress is not a requirement for establishing a negligence claim. Intent is more relevant in intentional torts rather than negligence. Legal immunity pertains to certain defenses that may prevent litigation in particular cases but does not compel the plaintiff to prove any elements of negligence. Thus, the presence of factual cause is key to supporting a negligence claim beyond merely showing that damages occurred.