To win a negligence claim, an injured party generally must prove all of the following EXCEPT:

a.A legal duty was owed
b.Actual damages resulted from the breach
c.The duty was breached
d.The defendant intended to cause harm

Explanation

Negligence requires proving duty, breach of that duty, proximate cause, and actual damages, but it does not require intent to cause harm; negligence is about carelessness, not intent. An intentional act that causes harm is a separate category (an intentional tort) and is generally excluded from liability insurance. This makes intent the element that does not belong in a negligence claim.

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