Legal Definitions - simple negligence

Simple negligence occurs when an individual fails to exercise the reasonable care that a prudent person would have used in a similar situation, and this failure results in harm or injury to another. It is characterized by carelessness or an oversight, rather than an intentional desire to cause harm or a reckless disregard for safety.

Here are some examples illustrating simple negligence:

• Example 1: Distracted Driving

  A driver is momentarily distracted by adjusting their car radio and, as a result, fails to notice that the car in front has stopped suddenly. This leads to a minor rear-end collision, causing damage to both vehicles.

  This illustrates simple negligence because a reasonably prudent driver would maintain full attention on the road. The driver's momentary distraction, though unintentional, falls below this expected standard of care and directly caused property damage.

• Example 2: Unmarked Hazard in a Store

  A grocery store employee mops an aisle but forgets to place a "wet floor" sign in the cleaned area. A customer, unaware of the wet surface, slips and falls, breaking their wrist.

  This demonstrates simple negligence because a reasonably prudent store would ensure customers are warned of potential hazards. The employee's oversight in not placing the warning sign, while not malicious, constitutes a failure to exercise reasonable care, leading to the customer's injury.

• Example 3: Homeowner's Oversight

  A homeowner finishes watering their garden and leaves a garden hose stretched across their sidewalk. Later that evening, a delivery person, walking to the front door in the dim light, trips over the hose and sprains an ankle.

  This is an example of simple negligence because a reasonably prudent homeowner would clear potential tripping hazards from their walkway, especially when it might be dark. The homeowner's failure to remove the hose, an unintentional oversight, caused the delivery person's injury.