Legal Definitions - negligent tort

A negligent tort occurs when someone causes harm or injury to another person because they failed to act with the level of care that a reasonably prudent person would have exercised in similar circumstances. It is a civil wrong, meaning it's a dispute between private parties rather than a criminal offense, where the person who caused the harm can be held legally responsible for the damages.

Essentially, a negligent tort involves four key elements:

• A duty of care owed by one person to another.
• A breach of that duty (i.e., a failure to act with reasonable care).
• Causation, meaning the breach directly led to the harm.
• Actual damages or injury suffered by the victim.

Here are some examples illustrating a negligent tort:

• Example 1: Distracted Driving

  A driver is distracted by their phone and fails to notice a pedestrian crossing the street at a marked crosswalk. The driver hits the pedestrian, causing serious injuries.

  Explanation: The driver had a legal duty to operate their vehicle safely and pay attention to the road. By being distracted and hitting a pedestrian in a crosswalk, they failed to meet this standard of care, directly resulting in harm. This failure to exercise reasonable care constitutes a negligent tort.

• Example 2: Unsafe Property Conditions

  A grocery store employee mops a section of an aisle but fails to place "wet floor" warning signs. A customer, unaware of the wet surface, slips and falls, breaking their wrist.

  Explanation: The grocery store, through its employee, had a duty to maintain a safe environment for its customers or to warn them of potential hazards. The failure to place warning signs after mopping constitutes a breach of this duty of care. This breach directly caused the customer's fall and injury, making it a negligent tort.

• Example 3: Professional Malpractice

  An accountant preparing tax returns for a client makes a significant error by overlooking a crucial deduction, leading the client to pay thousands of dollars more in taxes than legally required.

  Explanation: The accountant had a professional duty to exercise the standard of care expected of a reasonably competent accountant. Their oversight constitutes a breach of this duty. This breach directly caused financial harm to the client, demonstrating a negligent tort in a professional context.