Legal Definitions - dereliction

Dereliction refers to the intentional or negligent failure to fulfill a responsibility or obligation, or the abandonment of property. It implies a significant neglect of duty or a deliberate act of giving up something that one was responsible for.

This term is often used in two main contexts:

• Dereliction of property: This occurs when someone abandons personal property, demonstrating a clear lack of intent to reclaim or care for it. The abandoned item then becomes "derelict."
• Dereliction of duty: This describes a situation where an individual fails to perform their required tasks or responsibilities, either deliberately or through extreme carelessness, without a legitimate reason. This often carries a connotation of professional, moral, or legal failing.

Here are some examples to illustrate the concept of dereliction:

• Example 1: Abandoned Vessel

  A boat owner leaves their dilapidated sailboat moored in a busy harbor for over a year, allowing it to fall into disrepair, accumulate marine growth, and become a hazard to navigation. Despite repeated notices from the harbor master, the owner takes no action to maintain, move, or remove the vessel.

  This illustrates dereliction of property because the owner has clearly abandoned the sailboat, demonstrating a lack of intent to care for it or fulfill their responsibilities as a vessel owner, making the boat derelict.

• Example 2: Negligent Caregiver

  A professional caregiver hired to look after an elderly person with specific medical needs consistently fails to administer prescribed medications on time, neglects to assist with hygiene, and leaves the individual unattended for extended periods, despite clear instructions and a contractual obligation to provide comprehensive care.

  This demonstrates dereliction of duty because the caregiver is failing to perform the fundamental obligations of their role due to negligence, directly jeopardizing the well-being of the person under their care without a valid excuse.

• Example 3: Public Official's Inaction

  A municipal building inspector repeatedly ignores complaints about unsafe structural conditions in a newly constructed apartment complex, failing to conduct required inspections or issue necessary citations, even after receiving photographic evidence of serious code violations. This inaction leads to potential safety risks for residents.

  This is an example of dereliction of duty because the building inspector is neglecting their official responsibility to ensure public safety by enforcing building codes. Their failure to act, despite clear evidence and complaints, constitutes a significant lapse in their professional obligations.