During a Step Aerobics class, Mrs. Kennedy tears her ACL while performing a low-impact exercise taught by the instructor. If Mrs. Kennedy sues the instructor for negligence, which element does NOT have to exist to legally substantiate a charge of negligence?
Explanation
Answer: C - If the exercise equipment offered by the instructor is damaged and the injury is related to the equipment status, this factor may be used to show negligence, but the concept of negligence is much broader than the narrow concept of “equipment”. To legally substantiate a charge of negligence, four elements must be shown to exist: that the defendant had a duty to protect the plaintiff, that the defendant failed to exercise the standard of care necessary to perform that duty, that such failure was the proximate cause of an injury; and that the injury caused damage to occur to the plaintiff.
