A defense available in an action based on a negligence theory is that the plaintiff failed to prove one or more of the required elements.

Question

A defense available in an action based on a negligence theory is that the plaintiff failed to prove one or more of the required elements.​

Quizplus · Accepted Answer

This is true. In a negligence claim, the plaintiff has to prove that the defendant owed them a duty of care, that the defendant breached that duty, and that the plaintiff suffered harm as a result. If the plaintiff fails to prove one or more of these elements, the defendant can use it as a defense in the action.

A Defense Available in an Action Based on a Negligence