What is required to determine if negligence has occurred?

To determine if negligence has occurred, it is essential to establish duty and breach of that duty. In negligence law, the foundational concept revolves around the idea that individuals owe a duty of care to others. This means that a person must act with a certain standard of care that a reasonably prudent person would exercise in similar circumstances.

If it can be shown that this duty existed and was subsequently breached—meaning that the person failed to meet the expected standard of care—then the basis for a negligence claim is established. For example, if a driver fails to stop at a red light, they may have breached their duty of care to other drivers and pedestrians.

The other options do not adequately reflect the criteria for establishing negligence. The presence of witnesses, though helpful for corroborating evidence, is not a legal requirement to prove negligence. Similarly, proof of intent to harm relates more to intentional torts rather than negligence, where the focus is not on intent but rather on the failure to act as a reasonable person would. Lastly, a public court trial is not necessary to establish negligence; many claims can be resolved through settlement or alternative dispute resolution methods. Thus, the establishment of duty and breach of that duty is the cornerstone of proving negligence.