Legal Definitions - advertent negligence

Advertent negligence occurs when an individual or entity is *aware* of a potential risk or danger but *fails to take reasonable precautions* to prevent harm, and that failure subsequently leads to injury or damage. The crucial element is the *conscious recognition* of the risk, combined with a failure to act prudently to mitigate it.

Here are some examples illustrating advertent negligence:

• Example 1: The Negligent Landlord

  A landlord receives multiple complaints from tenants about a broken step on a shared outdoor staircase, noting that it wobbles significantly and could cause someone to fall. Despite being fully aware of this hazard and its potential to cause injury, the landlord delays repairs for several weeks to save money on an emergency call. During this time, a tenant uses the staircase, steps on the broken step, and falls, breaking their ankle.

  This illustrates advertent negligence because the landlord was *aware* of the specific danger (the broken step) and the potential for harm, yet *failed to take reasonable action* (repair the step promptly) to prevent the foreseeable injury.

• Example 2: The Aware Driver

  A truck driver notices that their vehicle's tires are significantly worn down, with the tread barely visible, and they have experienced a loss of traction in wet conditions recently. The driver knows that worn tires increase the risk of skidding and accidents, especially in bad weather. Despite this awareness, they decide to continue driving their delivery route on a rainy day, planning to get new tires "next week." While making a turn, the truck skids on the wet road due to the worn tires and collides with another car.

  This is an instance of advertent negligence because the driver was *aware* of the dangerous condition of their tires and the increased risk of an accident but *failed to take reasonable precautions* (like replacing the tires immediately or not driving in adverse conditions) to prevent harm.

• Example 3: The Restaurant Owner

  The owner of a restaurant is informed by several kitchen staff members that the floor near the dishwashing station is consistently slippery due to a leaking pipe, creating a fall hazard. The owner acknowledges the problem and tells staff they will get it fixed "when they have time." For several days, no "wet floor" signs are placed, and the leak is not addressed. An employee subsequently slips on the wet floor, falls, and suffers a concussion.

  This demonstrates advertent negligence because the restaurant owner was *aware* of the specific and ongoing hazard (the slippery floor from the leak) and the risk of injury, but *failed to take reasonable steps* (like fixing the leak, putting up warning signs, or cleaning the area regularly) to mitigate that known risk.