Negligence

The elements of negligence: duty, breach, cause in fact, proximate cause and damages. Moransais v. Heathman, 744 So. 2d 973, 975 fn 3 (Fla. 1999). The general principles of negligence involve the elements of duty, breach, causation and damages. Foreseeability is used by courts in determining duty, breach and causation as set forth in the Florida Supreme Court seminal case of McCain v. Florida Power Corporation, 593 So.2d 500 (Fla. 1992). In McCain, the Florida Supreme Court clarified confusion among the District Courts of Appeal with respect to foreseeability as ab element.