Legal Definitions - passive negligence

Passive negligence refers to a type of negligence that arises from a failure to act, rather than from a direct, affirmative action. It occurs when an individual or entity has a duty to do something, but fails to perform that duty, and this omission leads to harm or injury to another party. Essentially, it's about the harm caused by what wasn't done when it should have been, as opposed to harm caused by a specific, wrongful action.

• Example 1: Property Owner's Neglect

  Imagine a landlord who owns an apartment building. Several tenants have reported that the handrail on a dimly lit staircase in a common area has been loose and wobbly for weeks. Despite these reports and a clear duty to maintain safe common areas, the landlord *fails to repair* the handrail. One evening, a tenant, relying on the handrail for support, falls down the stairs and breaks their arm when the loose handrail gives way. This is an instance of passive negligence because the injury resulted from the landlord's *failure to act* (repair the handrail) rather than from a direct action.

• Example 2: Business Owner's Oversight

  Consider a small grocery store where an employee notices a significant puddle of water near the produce section, likely from a leaking display. The employee intends to clean it up but gets distracted by another task and *fails to return* to address the spill or place a "wet floor" sign. A few minutes later, a customer walks through the aisle, slips on the water, and suffers a back injury. This scenario illustrates passive negligence because the customer's injury was caused by the store's *failure to act* (clean the spill or warn customers) to maintain a safe environment, despite being aware of the hazard.

• Example 3: Vehicle Maintenance Failure

  A car owner has been repeatedly advised by their mechanic that their vehicle's tires are severely worn and need immediate replacement for safe operation. The owner acknowledges the warning but *fails to replace* the tires due to procrastination. A few weeks later, while driving in wet conditions, the worn tires lose traction, causing the driver to lose control of the vehicle and collide with another car, injuring its occupants. This is an example of passive negligence because the accident and injuries were a direct result of the car owner's *failure to act* (replace the worn tires) when they had a duty to maintain their vehicle in a safe operating condition.