Assumption of risk is not an element required for bringing a negligence claim.
Negligence in law means a failure on part of a man to behave with a certain level of care, a care that someone of ordinary prudence would have exercised under the same situation.
In law, there are four step required to enforce a negligence claim
1. Existence of care
The plaintiff must be able to prove that there is an existence of duty of care that the defendant ought to ensure.
2. Breach of the duty
The plaintiff must be able to prove that the defendant have breach the duty of care i.e. Caused an accident while driving when a boy is working beside the road, the care here is to ensure he drives safe.
3. Proximate cause
The plaintiff must be able to prove that the defendant action lead to the claim.
4. Proof of Injury or damage
The plaintiff must be able to prove that the defendant cause the injury or harm to him.
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