Duty of Care

The three elements are: (1) Duty of care — did the defendant owe the claimant a legal duty to take care? (2) Breach of duty — did the defendant fall below the standard of care expected? (3) Damage — did the claimant suffer damage that was caused by the breach and not too remote? Duty of care is the first hurdle — if there is no duty, the claim fails at step one.