In negligence lawsuits, what is usually the primary focus of the court?

In negligence lawsuits, the primary focus of the court is typically on whether the defendant owed a duty of care to the plaintiff. This legal obligation is foundational in determining whether negligence occurred. Duty of care refers to the responsibility that an individual or entity has to avoid causing harm to others. If the court finds that the defendant had a duty to act (or refrain from acting) in a certain way that would protect the plaintiff from foreseeable harm, this establishes a critical element in the case.

Once duty is established, the court will then look at whether that duty was breached, and if the breach directly caused harm to the plaintiff. Therefore, the focus on the existence of a duty of care highlights the principle that individuals and organizations should act in a manner that does not harm others, which is central to negligence law. Other factors, such as the actions of the plaintiff or whether the defendant's actions were intentional, are secondary considerations that come into play after establishing the duty of care.