Legal Definitions - legal negligence

Legal negligence refers to a failure to exercise the level of care that a reasonably prudent person would have exercised in a similar situation, resulting in harm or injury to another person.

To establish legal negligence, four key elements must typically be proven:

• Duty of Care: The defendant (the person accused of negligence) owed a legal duty to the plaintiff (the person who suffered harm) to act in a certain way.
• Breach of Duty: The defendant failed to meet that duty of care, meaning their actions (or inactions) fell below the standard of what a reasonably prudent person would do.
• Causation: The defendant's breach of duty directly caused the plaintiff's injury or harm. There must be a clear link between the negligent act and the resulting damage.
• Damages: The plaintiff suffered actual harm, injury, or loss as a result of the defendant's actions.

Here are some examples illustrating legal negligence:

• Example 1: Unsafe Property Conditions

  A homeowner hosts a party and knows that a section of their deck railing is loose and unstable. Despite this knowledge, they do not repair it or warn guests. During the party, a guest leans against the railing, which gives way, causing them to fall and break their arm.

  How this illustrates legal negligence:

  • Duty of Care: The homeowner had a duty to maintain a safe environment for their guests.
  • Breach of Duty: They failed to repair the known hazard (the loose railing) or warn guests, falling below the standard of a reasonably prudent homeowner.
  • Causation: The homeowner's failure to address the railing directly led to the guest's fall.
  • Damages: The guest suffered a broken arm, medical expenses, and pain.

• Example 2: Professional Malpractice

  An architect designs a commercial building and, due to an oversight, miscalculates the load-bearing capacity required for a critical support beam. Years later, the beam shows signs of structural failure, requiring costly emergency repairs and temporary closure of the building, causing significant financial losses for the business owner.

  How this illustrates legal negligence:

  • Duty of Care: The architect had a professional duty to design the building competently and safely according to industry standards.
  • Breach of Duty: The miscalculation of the beam's capacity constitutes a failure to meet the expected standard of care for an architect.
  • Causation: The architect's faulty design directly caused the structural weakness and the subsequent need for expensive repairs and business interruption.
  • Damages: The business owner incurred significant financial losses from repairs and lost revenue due to the building closure.

• Example 3: Reckless Driving

  While driving on a residential street, a driver is distracted by their phone and fails to notice a stop sign. They proceed through the intersection without stopping and collide with another vehicle that had the right of way, causing injuries to the occupants of the second car and extensive damage to both vehicles.

  How this illustrates legal negligence:

  • Duty of Care: The driver had a legal duty to operate their vehicle safely, pay attention to the road, and obey traffic laws.
  • Breach of Duty: Being distracted by a phone and running a stop sign clearly falls below the standard of a reasonably prudent driver.
  • Causation: The driver's negligent actions (distraction and failure to stop) directly caused the collision and the resulting harm.
  • Damages: The occupants of the other car suffered physical injuries and medical expenses, and both vehicles sustained property damage.