Which of the following is a requirement to presume negligence?

• A. There must be a financial gain from the act
• B. There must be a legal duty to perform or use reasonable care
• C. There must be an intent to harm
• D. There must be an eyewitness to the incident

Answer: (B)

To presume negligence, it is essential that there is a legal duty to perform or use reasonable care. This requirement establishes that an individual or organization has a responsibility to act in a certain way that avoids causing harm to others. The legal duty serves as a foundation for determining whether a breach of that duty has occurred, which can then lead to a presumption of negligence if it is shown that the duty was not upheld.

This concept is crucial because, without a recognized duty of care, there can be no negligence. For example, a driver has a duty to operate their vehicle safely to prevent accidents. If a driver fails to adhere to this duty, resulting in harm to another party, that breach can be presumed as negligence based on the established duty.

In contrast, the other options do not directly relate to the prerequisites for presuming negligence. The presence of financial gain, intent to harm, or eyewitness accounts might provide context to an incident but they do not establish the foundational requirement of a legal duty of care that is necessary to presume negligence.