Which of the following is NOT an element of negligence?

Negligence is a legal concept that requires the establishment of several key elements for a case to be successful. To prove negligence, a plaintiff typically needs to demonstrate that the defendant had a duty to act in a certain way, breached that duty, and that breach caused harm resulting in damages to the plaintiff.

The statement about the defendant failing to hire an attorney does not align with the recognized elements of negligence. This aspect does not pertain to the legal obligations or actions required for establishing a negligence claim. Rather, the core elements include the existence of a duty owed to the plaintiff, a breach of that duty, and a direct causal link between the breach and the damages suffered by the plaintiff. Therefore, failing to hire an attorney does not constitute a relevant element in a negligence claim, making it the correct choice for the question.

In contrast, the other options each represent essential components of a negligence case: the plaintiff suffering damages signifies the harm necessary for a claim, the defendant having a duty to the plaintiff establishes the expectation of care, and the breach of that duty links the defendant's actions to the resulting damages.