LEGAL ANALYSIS
Negligence
The plaintiff, McDuff, is suing Jetson for liability in a negligence case. In order to prevail in a claim for negligence, the plaintiff must establish six points, referred to the law as a prima facie case. They are the following: 1. Conduct; 2. duty; 3. breach of duty; 4. actual cause; 5. proximate cause; and 6. damages

Conduct and Duty
In order to establish duty, there are three factors in determining whether to impose a duty at common law. They are the following: 1. The relationship between the parties; 2. the reasonable foreseeable harm to the person injured; and 3. public policy concerns
The existence of any of these factors is sufficient for the court to impose a duty and although conduct is mentioned as a factor, generally, it is not discussed as an element in the prima facie case. In this case, there was no relationship between Jetson and McDuff. The next factor would be aligning the reasonable foreseeable harm to the person injured. As a general principal, a defendant owes a duty of care to all persons who are foreseeably endangered by his/her conduct, with respect to all risks which make his/her conduct unreasonably dangerous. In this case, there is reasonable foreseeable harm to the person injured because the defendant, Jetson, owed a duty of care. She had to make sure that by driving; she would pay attention to the road and make sure that she is wearing appropriate shoes for driving. We know that this was not the case, since she decided to wear flip flops not only endangering herself, but McDuff as well. Jetson could argue, that she did not breach duty of care since she was not driving recklessly and she was not doing anything that would constitute being negligent; however, as stated before, she should have been wearing appropriate shoes for driving. In this case, there is