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Are there any affirmative defenses to defendant's breach of duty, if owed? Was the plaintiff in any way negligent, thereby contributing to the breach? Was the defendant's breach of duty the actual and proximate cause of the plaintiff's injury or damage? Establishing a Prima Facie Case Did plaintiff, in fact, sustain damages or injury as a result of the breach of duty? Did the defendant violate a statute at the time he breached this duty of care? Was the duty breached by the defendant the result of his failure to act as a reasonable, prudent person? Was there a duty of care owed to the plaintiff by the defendant, which was violated? Establishing a Prima Facie Case Checklist