Legal Definitions - act of omission

An act of omission refers to a failure to perform an action when there was a legal duty or obligation to do so. Unlike an "act of commission," which involves actively doing something, an act of omission is about *not* doing something that was required, and this failure leads to harm or a violation of a duty.

Here are some examples to illustrate this concept:

• Example 1: Lifeguard Negligence

  A certified lifeguard is on duty at a public swimming pool. While scanning the pool, they become distracted by their phone and fail to notice a swimmer struggling and eventually drowning in their assigned zone. The lifeguard's failure to monitor the pool and intervene, despite having a clear duty to do so, constitutes an act of omission. Their inaction directly contributed to the tragic outcome.

• Example 2: Property Owner's Duty to Maintain Safety

  A landlord owns an apartment building and is legally responsible for maintaining safe common areas. They are aware that a section of the staircase railing has been loose for weeks but fail to repair it. A tenant uses the stairs, leans on the faulty railing, and falls, sustaining injuries. The landlord's failure to fix the known hazard, despite their duty to provide a safe environment, is an act of omission that led to the tenant's injury.

• Example 3: Mandatory Reporting by a Professional

  A school counselor observes concerning signs of abuse in a student and the student confides in them about neglect at home. State law mandates that school personnel report any suspected child abuse or neglect to child protective services. If the counselor, despite their professional and legal obligation, fails to make this report, their inaction is an act of omission. This failure could have serious consequences for the child and legal repercussions for the counselor.