What is one of the key elements that establishes negligence?

The presence of duty is a fundamental element that establishes negligence. In the context of negligence, duty refers to the legal obligation one party has to avoid causing harm to another. This principle implies that individuals or entities are expected to act in a reasonable manner to prevent foreseeable harm to others.

In a negligence claim, the plaintiff must demonstrate that the defendant owed a duty of care to them and that this duty was breached, leading to injuries or damages. For example, a driver has a duty to follow traffic laws and drive safely to protect other road users. If a driver fails to meet this duty, and as a result, an accident occurs causing injury to another party, the presence of this duty becomes crucial in establishing negligence.

The other options are related concepts but do not serve as key elements in establishing negligence. Intent to cause harm is primarily associated with intentional torts rather than negligence, while financial compensation is a result of a finding of negligence rather than an element that establishes it. Witness testimonies may support a negligence claim, but they do not establish the fundamental groundwork needed to prove that negligence occurred.