However, there are a few torts that are litigated very frequently. These torts are negligence, fraud, intentional infliction of emotional distress, and battery.To understand negligence in an educational setting, it is important first to analyze the four elements of a negligent tort. A tort will form the basis of a lawsuit seeking damages in the aims of making a plaintiff financially whole. Negligence. Instructions for using this Desk Reference: Expand the bookmarks and click on the desired section or. Click on any heading in the Table of Contents. State Farm Mutual Automobile Insurance Co., 809 P.2d 746 (Utah Ct.App.1991). How Can You Prove Negligence in a Personal Injury Case? You must normally prove negligence to recover compensation through a personal injury claim. James P. Cowley and Dennis K. Poole, Watkiss Campbell, Salt Lake City, for defendant and respondent.