Legal Definitions - ordinary negligence

Ordinary negligence refers to the failure to exercise the level of care that a reasonably prudent person would have used in similar circumstances. It occurs when someone acts carelessly or fails to act when they should have, and this lack of care causes harm to another person. It is a common legal standard used to determine responsibility for accidents and injuries, distinguishing it from more severe forms of negligence, such as gross negligence (extreme carelessness) or intentional misconduct.

Here are some examples illustrating ordinary negligence:

• Example 1: Driving Distraction

  A driver is briefly distracted by a notification on their phone while driving through a parking lot. They momentarily take their eyes off the road, causing them to lightly bump into a parked car, resulting in minor paint damage.

  Explanation: The driver did not intend to hit the parked car, nor were they driving recklessly at high speed. However, a reasonably prudent driver would maintain full attention on the road, especially in a parking lot. Their momentary distraction represents a failure to exercise ordinary care, leading to property damage.

• Example 2: Unmarked Spill

  An employee at a retail store spills a drink in an aisle but gets called away to assist another customer before cleaning it up or placing a "wet floor" sign. A few minutes later, a customer walks through the area, slips on the spill, and suffers a minor sprain.

  Explanation: The employee did not intend for anyone to get hurt, but a reasonable person in that role would know the importance of promptly addressing spills or warning customers about a hazardous surface. The failure to clean the spill or place a warning sign is a lapse in ordinary care, resulting in injury to the customer.

• Example 3: Home Repair Mishap

  A homeowner is attempting to fix a leaky faucet under their kitchen sink. While tightening a pipe connection, they apply too much force with a wrench, accidentally cracking the pipe and causing a significant water leak that damages the cabinet below.

  Explanation: The homeowner was trying to fix a problem, not cause more damage. However, a reasonably careful person performing plumbing work, even as a DIY project, would understand the need to apply appropriate force to avoid damaging components. Their excessive force, leading to the cracked pipe and water damage, constitutes ordinary negligence because they failed to exercise the expected level of care for the task.