A prima facie case of negligence has four elements: duty, breach, causation, and injury. In plain English, a person suing for negligence alleges that the defendant owed her a duty of reasonable care and injured her by breaching that duty. Every state adheres to the four-element account,' with perhaps two exceptions. That ac- count was prominent in the various editions of Prosser's treatise, and is likewise prominent in Professor Dobbs' successor treatise. Leading casebooks also feature the four-element formula.
Given the widespread adoption of the four-element test, one would have expected to encounter it somewhere in the two drafts of the Restatement (Third) of Torts: General Principles now circulating before the ALI. Yet, it is not there. The basic negligence provision drafted by Professor Schwartz is Section 3. It offers a three-element account of the tort:
"An actor is subject to liability for negligent conduct that is a legal cause of physical harm."
John C.P. Goldberg and Benjamin C. Zipursky,
The Restatement (Third) and the Place of Duty in Negligence Law,
54 Vanderbilt Law Review
Available at: https://scholarship.law.vanderbilt.edu/vlr/vol54/iss3/2