Internertional Association for Healthcare Security and Safety (IAHSS) Advanced Officer Certification Practice Exam

Which of the following is not an essential element in proving a negligence lawsuit?

1. Defendant owed a legal duty

2. Defendant breached its legal duty

3. Defendant was not aware of the hazard

4. Defendant's breach of duty was the proximate cause of injury

The correct answer is: Defendant was not aware of the hazard

In a negligence lawsuit, the essential elements that must be established include that the defendant owed a legal duty, breached that legal duty, and that this breach was the proximate cause of the injury suffered by the plaintiff. The notion of whether or not the defendant was aware of the hazard is not a necessary component for proving negligence. Negligence focuses on the standard of care expected in a situation and whether that standard was met. A defendant can still be found liable for negligence even if they were unaware of the hazard, as long as it can be shown that a reasonable person in their position would have been aware of the risk and taken steps to mitigate it. This emphasizes that negligence is about adhering to a standard of care, rather than the subjective awareness of risks. Hence, the fact that the defendant was not aware of the hazard does not absolve them of responsibility if they failed to act in line with that necessary standard of care.