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Leaving snow and ice on one's sidewalk is an example of which element of negligence?

  1. Duty of care

  2. Breach of the duty of care

  3. Causation

  4. Damages

The correct answer is: Breach of the duty of care

The correct answer focuses on the concept of "breach of the duty of care," which is a fundamental element of negligence. In this scenario, leaving snow and ice on one's sidewalk can be seen as failing to fulfill the obligation to maintain safe premises. Property owners have a legal responsibility to ensure that their walkways are clear of hazards that could cause injury to others. When a property owner neglects to remove snow and ice, they are not acting in accordance with the accepted standards of care that a reasonable person would exercise in similar circumstances. This inaction represents a breach, as it directly contributes to unsafe conditions that could lead to accidents or injuries. The existence of this breach is a pivotal point in establishing negligence, as it shows that the property owner did not meet their duty to protect the safety of others, which is a legal expectation in many jurisdictions. Understanding the context of this situation helps clarify how the elements of negligence work together. Duty of care establishes the obligation, while a breach signifies the failure to uphold that obligation, leading to potential liability for any resulting harm.