California First-Year Law Students' Exam (Baby Bar) — MCTortsEasy
A homeowner, while trimming a tall hedge on their property, accidentally dropped a heavy pair of shears. The shears landed on the public sidewalk, narrowly missing a pedestrian. The pedestrian was startled but unharmed. Which of the following elements of negligence is most clearly missing, preventing the pedestrian from recovering damages?
- ABreach
- BDuty
- CCausation (Actual)
- DDamages
Show answer & explanationAnswer & explanation
Correct answer: D. Damages
For a negligence claim to succeed, the plaintiff must have suffered actual damages. In this scenario, the pedestrian was startled but unharmed, meaning no actual injury or loss occurred.
Why the other options are wrong
- A. Dropping heavy shears onto a public sidewalk constitutes a breach of the duty of care.
- B. The homeowner owed a duty of care to those on the public sidewalk.
- C. The homeowner's actions (dropping the shears) were the actual cause of the near-miss.
Damages (Negligence)
The actual injury or loss suffered by the plaintiff as a result of the defendant's negligent conduct.
- Must be actual harm.
- Can include physical injury, emotional distress, property damage, economic loss.
- Nominal damages generally not awarded in negligence.
- Causally linked to the breach.
Memory trick: Did Betty Cause Damage?