How is negligence determined?

Negligence does not simply mean something has been done wrong. All of the following elements must exist for an act to be considered negligent in Virginia:

a. The defendant failed to provide reasonable care in the situation,
b. There was a breach of duty between the defendant and the victim,
c. The victim suffered an injury,
d. The defendant should have known what would occur based on the circumstances, i.e., what is known as “Forseeability,” and
e. Damages resulted from the negligence.

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