Legal Definitions - Negligence

Negligence is a fundamental legal concept that describes a failure to act with the level of care that a reasonably prudent person would have exercised under the same circumstances. It means someone's conduct fell below an expected standard, and that carelessness caused harm to another.

In legal terms, to prove negligence, four main elements must generally be established:

• Duty of Care: The defendant (the person accused of negligence) owed a legal responsibility to the plaintiff (the person who suffered harm) to act in a certain way to avoid causing harm. This duty often arises from everyday situations, like a driver's duty to drive safely or a property owner's duty to maintain a safe premises.
• Breach of Duty: The defendant failed to meet that duty. Their actions, or sometimes their failure to act (an omission), fell below the standard of care that a reasonable person would have used in a similar situation. When assessing this, courts consider factors like how likely harm was, how severe that harm could be, and how easy or difficult it would have been to take precautions to prevent it.
• Causation: The defendant's breach of duty was the direct cause of the plaintiff's injury or harm. There must be a clear link between the careless act or omission and the resulting damage.
• Damages/Injury: The plaintiff suffered actual harm or loss. This typically includes physical injury, emotional distress, or damage to property (personal belongings or real estate). Pure financial loss without accompanying physical or property damage usually does not qualify.

Here are some examples to illustrate how negligence applies:

• Example 1: A Distracted Driver

  A delivery driver is rushing to make a deadline and, while driving, glances down at their phone to read a text message. During this brief distraction, they fail to notice a pedestrian crossing the street at a marked crosswalk and strike them, causing the pedestrian to suffer a broken leg.

  • How it illustrates negligence: The driver had a duty of care to operate their vehicle safely and pay attention to the road. By looking at their phone, they committed a breach of duty, failing to act as a reasonably prudent driver would. This breach directly caused the pedestrian's injury (the broken leg), which constitutes the damages.

• Example 2: A Negligent Property Owner

  A homeowner hosts a party and notices that a section of their wooden deck railing is loose and wobbly. Despite recognizing the potential danger, they decide to leave it unrepaired, thinking guests will be careful. Later that evening, a guest leans against the loose railing, which gives way, causing them to fall and sustain a concussion.

  • How it illustrates negligence: The homeowner had a duty of care to maintain a safe property for their guests. Their failure to repair the known loose railing, or at least warn guests about it, was a breach of duty (an omission). This omission directly caused the guest's fall and concussion, which represents the damages.

• Example 3: A Careless Professional

  An electrician is hired to rewire an older home. During the installation, they use a type of wiring that is not up to current safety codes for residential properties, despite knowing the correct standards. Months later, a short circuit occurs in the improperly wired section, leading to a small electrical fire that damages a portion of the home's wall and ceiling.

  • How it illustrates negligence: The electrician, as a professional, had a heightened duty of care to perform their work according to established safety standards. Their decision to use substandard wiring was a clear breach of duty. This improper installation directly caused the electrical fire and subsequent property damage, which are the damages.