The elements of the cause of action are (1) a duty owed by the defendant to the plaintiff; (2) the defendant's breach of that duty; and (3) injury proximately resulting from the defendant's breach.
Practice point: The existence and scope of a duty of care is a question of law for the courts to decide.
Case: Abbott v. Johnson, NY Slip Op 05800 (2d Dep't July 26, 2017)
Here is the decision.
Monday's issue: A landowner's liability for injuries during storms.
