Review the entire section on Negligence in Chapter 8, including each subpart. As you will see, the five elements that a plaintiff needs to prove in a negligence claim are duty of due care, breach of that duty, factual cause, proximate cause, and damages.

Now consider this fact situation. Don was doing work on his house. He was up a very tall ladder repairing a piece of siding. David, his next door neighbor, was cutting his grass on his high-speed riding lawnmower (used by professionals to cut grass quickly). David, not a professional, lost control of the lawnmower, veered into Don's yard, clipped the ladder, and sent Don spiraling downward. Luckily, Don was able to grab a lower rung of the ladder, breaking his fall. He only suffered a sprained wrist and sore back. His emergency room bill was $1,800.

Can Don recover damages for negligence from David? Explain each of the five elements for negligence and whether they are proved by Don in this situation. Note, go beyond the introductory part of the section on negligence. I want to know that you understand each element. Also, make sure you get the important terms into your answer. Be sure to state what standard is required of an ordinary person operating a lawnmower. Note that David would not be held to the standard expected of a professional but the type of equipment he used may be a factor in the case.

Each element should have its own bullet point or paragraph.