B. Elements

• Library: Elements of Civil Causes of Action (SCBar) (2021 Ed.)

B. Elements²⁹

In order to recover in any negligence action, the plaintiff must show:

(1) a duty of care owed by the defendant to the plaintiff
(2) a breach of that duty by a negligent act or omission
(3) damages proximately resulting from the breach.³⁰

Sometimes the damages element is separated from proximate causation to create four elements.³¹

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Notes:

^[29] Note Linog v. Yampolsky, 376 S.C. 182, 656 S.E.2d 355 (S.C. 2008) (patient alleging medical malpractice must provide evidence, through expert testimony, showing: (1) generally recognized and accepted practices and procedures that would be followed by average, competent practitioners in physician's field of medicine under same or similar circumstances, and (2) that physician departed from recognized and generally...