Legal Definitions - wrong of negligence

A wrong of negligence refers to a type of civil wrong, also known as a tort, where one party causes harm or injury to another because they failed to act with the reasonable care that a prudent person would have exercised in similar circumstances. Essentially, it's a legal claim asserting that someone's carelessness or lack of due diligence led to another's suffering or loss.

Here are some examples to illustrate this concept:

• Example 1: Driving Accident

  Imagine a delivery driver, distracted by their phone, fails to notice a stop sign and collides with another vehicle, causing significant damage to the other car and injuries to its occupants. The delivery driver had a legal duty to operate their vehicle safely and pay attention to the road. By being distracted and running a stop sign, they failed to exercise reasonable care. This failure directly caused harm (property damage and personal injury) to the occupants of the other vehicle, constituting a wrong of negligence.

• Example 2: Unsafe Property Conditions

  Consider a landlord who is aware that a section of the staircase in a rental property has a loose handrail but postpones repairing it for several weeks. A tenant then uses the stairs, the handrail gives way, and the tenant falls, sustaining a broken leg. The landlord had a duty to maintain a safe living environment for their tenants. Their failure to promptly fix a known hazard, despite having the opportunity to do so, demonstrates a lack of reasonable care. The tenant's injury was a direct result of this oversight, illustrating a wrong of negligence.

• Example 3: Professional Malpractice

  Suppose a surgeon, during a routine operation, accidentally leaves a surgical sponge inside a patient's body due to a lapse in following standard counting procedures. The patient later experiences severe pain and requires another surgery to remove the forgotten item. The surgeon had a professional duty to adhere to established medical protocols and exercise the highest level of care during the procedure. Failing to follow the sponge count procedure was a breach of this duty and a lack of reasonable care, directly causing further harm to the patient. This scenario exemplifies a wrong of negligence in a professional context.