A negligent tort refers to a legal claim made against an individual or entity for causing harm or injury to another person due to their failure to exercise reasonable care. This type of tort occurs when someone acts in a careless or reckless manner, resulting in harm to another party. The injured party can seek compensation for their damages, such as medical expenses, lost wages, and pain and suffering, by filing a lawsuit against the negligent party. To prove a negligent tort, the plaintiff must establish that the defendant owed them a duty of care, breached that duty, and caused their injuries as a result.
A negligent tort is a type of civil wrong where someone fails to exercise reasonable care, resulting in harm or injury to another person.
The elements of a negligent tort are duty, breach of duty, causation, and damages.
Duty refers to the legal obligation to act with reasonable care towards others.
Breach of duty occurs when someone fails to meet their legal obligation to act with reasonable care towards others.
Causation refers to the link between the defendant’s breach of duty and the plaintiff’s harm or injury.
Damages refer to the harm or injury suffered by the plaintiff as a result of the defendant’s breach of duty.
The standard of care is the level of care that a reasonable person would exercise in similar circumstances.
Comparative negligence is a legal doctrine that allows the plaintiff’s damages to be reduced based on their own degree of fault in causing the harm or injury.
Contributory negligence is a legal doctrine that bars the plaintiff from recovering damages if they were also negligent and contributed to their own harm or injury.
Examples of negligent torts include car accidents caused by distracted driving, medical malpractice, slip and fall accidents, and product liability cases.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 13th April 2024.
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