What are the three elements of negligence?

Actually, there are four elements of a negligence claim: 1) duty; 2) breach of duty; 3) causation; and 4) damages. In short, if you breach a legal duty and cause damages to someone else or their property, then you may be held liable for negligence. Whether a duty exists in a particular circumstance is a question of law for the court and depends on many factors. For instance, the driver of a car has the duty to use reasonable care in the operation of that vehicle. Breach of that duty resulting in a car accident can make you liable to the other person for any resulting injuries or damages. So if you follow too closely and rear end the car in front of you, then you would be liable. This is because the courts have recognized the duty of every driver to pay attention and keep a safe distance. However, if you are a passenger and fail to warn your driver of stopped traffic up ahead, you would not be liable because the courts do not recognize a duty of a passenger to aid in the driver's operation of the vehicle.