What must a plaintiff prove in a tort case?

In a tort case, the plaintiff must establish that damage resulted from a breach of duty owed by the defendant. This is foundational in tort law because it demonstrates the link between the negligent act (or omission) and the harm suffered by the plaintiff. The plaintiff must prove that the defendant had a legal obligation to act in a certain way (the duty of care), that this duty was violated (the breach), and that this breach directly caused the damage the plaintiff endured. Without proving causation and resulting damages, a tort claim cannot succeed, as the essence of such cases revolves around compensation for harm that arises from someone's failure to uphold a reasonable standard of care.

Additional considerations in tort cases involve establishing negligence and determining the standard of care, but the core requirement remains that actual damage or injury must be evidenced as a result of the defendant's actions or inactions. Thus, demonstrating that damage resulted from the breach of duty is crucial for a plaintiff to prevail in a tort case.