Negligence torts are legal claims that arise when one party fails to exercise reasonable care and causes harm or injury to another party. In a negligence case, the claimant (the injured party) must prove four elements:
- Duty: The defendant owed a duty of care to the plaintiff.
- Breach: The defendant breached that duty of care by failing to act as a reasonable person would have in similar circumstances.
- Causation: The defendant's breach of duty caused the plaintiff's injury.
- Damages: The plaintiff suffered actual damages as a result of the defendant's breach of duty.
If the claimant can prove all four elements, they may be entitled to recover damages for their injuries.
Negligence torts can occur in a variety of situations, such as car accidents, slip and falls, and medical malpractice.
Slip and fall: A grocery store has a duty to keep its floors clean and dry to prevent customers from slipping and falling. If a customer slips on a wet floor and suffers injuries, he may be able to bring a negligence claim against the store if he can prove that the store breached its duty of care by failing to keep the floor dry and that this breach caused his injuries.
Medical malpractice: A doctor has a duty to provide medical treatment that meets the accepted standard of care for his profession. If a doctor fails to diagnose a patient's condition or provides improper treatment that causes harm, the patient may be able to bring a negligence claim against the doctor for medical malpractice.
Car accident: A driver has a duty to drive safely and obey traffic laws to prevent accidents. If a driver causes an accident by running a red light or failing to yield to another driver, the injured party may be able to bring a negligence claim against the driver for damages.
It is important to note that negligence requires a failure to exercise reasonable care, not an intentional act to harm someone.
You can learn more about this topic and relevant case law with our Tort Law notes.
