What must a plaintiff prove to establish liability in tort law?

To establish liability in tort law, a plaintiff must demonstrate a four-part test that includes duty of care, breach of that duty, causation, and damages.

Firstly, the concept of duty of care pertains to the obligation of an individual or entity to act in a manner that does not cause foreseeable harm to others. This legal duty is foundational in tort law, as it establishes the relationship between the plaintiff and the defendant that gives rise to potential liability.

Secondly, the breach of that duty occurs when the defendant fails to meet the standard of care expected under the circumstances. This failure must be established by showing that the defendant acted, or failed to act, in a way that a reasonably prudent person would not have under similar circumstances.

Causation is the next critical element. The plaintiff must prove that the defendant's breach directly caused the harm or injury suffered. This involves establishing both actual causation (the direct link between the breach and the injury) and proximate causation (whether the injury was a foreseeable result of the breach).

Lastly, damages must be established, which refers to the actual harm or loss that the plaintiff suffered as a result of the defendant's actions. These damages can be physical, emotional, or financial, and must be quant