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

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Which of the following is not one of the legal elements of negligence?

  1. Legal duty of care

  2. Breach of legal duty

  3. Damages exceeded $1,000

  4. Injury

The correct answer is: Damages exceeded $1,000

The concept of negligence in legal terms comprises essential elements that must be established for a plaintiff to succeed in a negligence claim. Among these elements are the existence of a legal duty of care owed by the defendant to the plaintiff, a breach of that legal duty, and an injury that resulted from the breach. While damages are indeed a critical component of a negligence case, there is no specific monetary threshold like exceeding $1,000 that universally applies to all negligence cases. Damages can vary widely and do not dictate the fundamental establishment of negligence. In other words, while demonstrating damages is necessary to support a claim, the specific amount or threshold is not a recognized legal element of negligence itself; rather, it is merely one aspect of the broader damages consideration that does not define the negligence criteria. Thus, the choice regarding damages exceeding $1,000 is correctly identified as not being one of the legal elements of negligence.