Practice question
A claimant proves an accident but not a breach of the applicable care standard or a valid presumption. The claimant argues that every injury necessarily proves negligence regardless of precautions. Which is correct?
- Negligence requires the applicable breach and causal injury; an accident alone is not universal strict liability
- Every injury proves every element
- Precautions can never be considered
- A defendant must insure against every conceivable event in all cases
- No injured person can ever recover
Legal references
- Civil Code, Articles 1173 and 2176: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/53360
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