TORT LAW ā Negligence ā Proof ā Burden of Proof on Plaintiff to Establish All Ingredients
Principle Statement
For a plaintiff to succeed in an action for negligence, he or she must plead all the particulars in sufficient detail of the negligence alleged and the duty of care owed by the defendant and all these must be supported by credible evidence at the trial.
Ratio Decidendi (Source)
Per Kalgo, JSC, in UTBN v. Ozoemena (2007) NLC-123-129-2001(SC) at p. 6; Paras DāE.
"For a plaintiff to succeed in an action for negligence, he or she must plead all the particulars in sufficient detail of the negligence alleged and the duty of care owed by the defendant and all these must be supported by credible evidence at the trial."
Explanation / Scope
This principle establishes the burden on the plaintiff in a negligence claim. The plaintiff must plead all particulars in sufficient detail, including the duty of care owed and the negligence alleged. All these must be supported by credible evidence at trial. The principle applies in all negligence claims. It ensures that defendants have proper notice of the case against them. The plaintiff must prove each element on a balance of probabilities. The principle reflects the requirements of pleadings and proof. Failure to plead or prove any element is fatal to the claim. The principle ensures that negligence claims are properly particularized and proved.
