Legal Definitions - neglect

In legal terms, neglect refers to the failure to provide proper attention, care, or necessary provisions to a person or thing, where there is a duty or responsibility to do so. This failure is an objective fact – something that wasn't done – regardless of whether it was accidental, careless, or deliberate. It often implies a breach of a responsibility, leading to potential harm or detriment.

It's important to distinguish neglect from negligence. While negligence focuses on a person's state of mind or lack of carefulness that led to a failure, neglect simply describes the objective fact that a required action or duty was not performed.

Here are some examples illustrating the concept of neglect:

• Child's Medical Needs: A parent consistently fails to ensure their child attends necessary medical appointments for a chronic condition, despite repeated reminders from the school nurse and the child's doctor. As a result, the child's health significantly worsens, requiring emergency intervention.

  Explanation: This illustrates neglect because the parent, who has a legal duty to care for their child, *failed to provide* essential medical attention. The objective fact is that the medical care was not provided, leading to harm, regardless of whether the parent's failure was due to forgetfulness, indifference, or a deliberate choice.

• Property Maintenance: A landlord owns an apartment building but consistently ignores tenant complaints about a leaking roof and faulty heating system throughout the winter. The landlord fails to arrange for repairs for several months, leading to significant water damage in apartments and tenants suffering from cold.

  Explanation: Here, the landlord has a legal duty to maintain habitable living conditions for their tenants. Their *omission* of proper attention and maintenance, despite being aware of the critical issues, constitutes neglect. This is an objective failure to fulfill a responsibility, causing detriment to the tenants and their property.

• Public Safety Duty: A city park department is responsible for maintaining public playgrounds. Despite multiple reports from community members about broken equipment and exposed sharp edges, the department fails to inspect or repair the playground for several months. A child is subsequently injured while playing on the faulty equipment.

  Explanation: This demonstrates neglect because the park department had a clear duty to ensure the safety of public spaces. Their *failure to act* on known hazards and perform necessary maintenance, despite being informed, led to a foreseeable injury. The department neglected its duty to protect the public.