Individuals whose negligent conduct results in injuries to others are liable for the damages. The first element of a negligence claim or tort is duty.This means that everyone has a level of duty to the public, for instance, not causing a car crash. For a negligence claim to succeed in court, four components must be established. A lawsuit against the State of New York may only be filed in the Court of Claims. Put simply, negligence has four elements: duty of care, breach of duty of care, causation, and damages. When you're injured while on someone else's property, the owner is liable for your injuries if their negligence caused your injury. Find a NYC lawyer today. "E" as to municipal liability. (another case extended duty to gun shop owner who sold a gun to someone too drunk to fill out the form).