In a negligence case, which of the following must the plaintiff establish?

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In a negligence case, the plaintiff must establish several key elements to prove their claim, and one of these is the duty of due care, which refers to the legal obligation of individuals to act in a reasonably safe manner to prevent harm to others. This means the defendant must have a responsibility to avoid actions that could foreseeably cause harm to others.

Additionally, the plaintiff must prove a breach of that duty, which occurs when the defendant fails to meet the standard of care expected in the circumstances. This could manifest as carelessness, recklessness, or intentional misconduct that results in harm to the plaintiff.

Furthermore, factual cause establishes the direct link between the defendant's breach of duty and the harm suffered by the plaintiff. This means that the plaintiff must demonstrate that, but for the defendant's actions, the injury would not have occurred, establishing a clear cause-and-effect relationship.

All these elements — duty of due care, breach, and factual cause — are essential components of a negligence claim. Therefore, the correct answer encompasses all of them, reflecting the comprehensive nature of establishing negligence in a legal context. Each element plays a critical role in building a strong case and ensuring that justice is served for the plaintiff's injuries.

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