Hi Dwayne
Generally & in legal terms, for an action (lawsuit) in negligence to be successful,
a duty of care must exist between parties, that duty must be
breached &
damage/harm or loss must have been suffered by the party alleging as a consequence of the breach. A duty of care is a legal obligation to avoid causing harm.
A defendant breaches a
duty of care to avoid the risk of harm/damage/loss occurring, where in similar circumstances, a reasonable person would have done so by acting in such a manner to avoid a breach of duty.
Many factors are assessed by courts before deciding if negligence exists, if breach has occurred & whether an award of damages for loss & harm ( including psychological ) should be made.
Best to consult a lawyer experienced in handling negligence cases to advise in the specific circumstances of such a case -
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