Steve was walking along the beach near Santa Monica pier early on Sunday morning. Steve was the Captain of the college swim team some years ago and he still enjoys going for long swims in the morning. On this particular Sunday morning it was a bit cool out, so Steve just sat alone on the beach watching the waves. While sitting there, Steve noticed someone in the surf who was yelling for help! The person was about a 100 feet off shore and was having difficulty staying afloat. Steve watched as the person struggled to stay afloat. The swimmer went up and down in the water yelling for help - within a short time,the swimmer disappeared under the surf. Shortly after the swimmer went down for the last time, Steve got up and decided to head down to the local Starbucks to get some coffee. By this time a crowd appeared on the beach to see what was going on? A few people in the group recognized Steve as the former captain of the college swim team and asked him why he didn't go into the water and save the person? Steve just shrugged his shoulders and headed to the Starbucks. The most common Tort is Negligence! All civil actions, including torts, as well as crimes, have required elements. In order to be successful in a legal action against a defendant ( civil or criminal) - the party (plaintiff or state if a criminal action) must prove the defendant has violated every element of the charge against her / him in order to be found liable (or guilty in the case of a crime). What are the elements of Negligence?