Bregligence Case

A breach of duty is when one person or company has the responsibility to care of a person or a company, in order to establish this the court needs to have the answer the five questions below and take inconsideration all of the answers before making a decision ("What is Breach of Duty? | Define Breach of Duty," n.d.).

1) Did the defendant have a duty of toward the plaintiff? If so, was it a duty of reasonable care, or was it based on professional liability, premises liability, or another type of relationship between the plaintiff and defendant?
2) Did the defendant use the same amount of reasonable care that another person in his position would have used to prevent harm?
3) Did the defendant foresee the risk of harm to the plaintiff, or should