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Torts • Negligence
TORT#026
Legal Definition
Negligence involves (1) a duty of care, (2) a breach, (3) actual causation, (4) proximate causation, and (5) harm.
Plain English Explanation
When someone is hurt, they will often seek damages from whoever hurt them. In cases where they were hurt intentionally, the law will assess which intentional tort was committed. However, what happens when someone hurts someone on accident and unintentionally? This is where negligence comes into play.
Negligence is simply an accusation that a specific person had an obligation to act a specific way, and because they did not act that way, someone else got hurt in a predictable way.
Students often get confused about "actual causation" and "proximate causation".
Negligence is simply an accusation that a specific person had an obligation to act a specific way, and because they did not act that way, someone else got hurt in a predictable way.
Students often get confused about "actual causation" and "proximate causation".
Hypothetical
Hypo 1: Bob is driving his car. As he comes up to a stop sign at a 4-way intersection, he briefly slows down, but never stops, and then accelerates through the intersection. As Bob is passing through the intersection, he sees Sam begin to walk across the crosswalk. Bob swerves to hit Sam, breaking Sam's legs. Result: Bob committed a battery against Sam because he intentionally struck him with his car.
Hypo 2: Same facts as Hypo 1, except Bob doesn't see Sam and accidentally hits him as he walks across the street. Result: Bob is liable for Sam's injuries because he was negligent in his driving, and that negligence resulted in harming Sam.
Hypo 2: Same facts as Hypo 1, except Bob doesn't see Sam and accidentally hits him as he walks across the street. Result: Bob is liable for Sam's injuries because he was negligent in his driving, and that negligence resulted in harming Sam.
Visual Aids
Related Concepts
In assessing negligence per se, when is breach excused?
In assessing negligence, what duty of care is owed by bailees?
In assessing negligence, what duty of care is owed by children?
In assessing negligence, what duty of care is owed by common carriers and innkeepers?
In assessing negligence, what duty of care is owed by landowners to discovered or anticipated trespassers?
In assessing negligence, what duty of care is owed by landowners to invitees?
In assessing negligence, what duty of care is owed by landowners to lessees?
In assessing negligence, what duty of care is owed by landowners to licensees?
In assessing negligence, what duty of care is owed by landowners to those off premises?
In assessing negligence, what duty of care is owed by landowners to undiscovered trespassers?
In assessing negligence, what duty of care is owed by professionals?
In assessing negligence, what duty of care is owed during emergencies?
In assessing negligence, what is actual causation and what three methods may be used to determine it?
In assessing negligence, what is a proximate cause?
In assessing negligence, what is negligence per se?
In assessing negligence, what is the but for test?
In assessing negligence, when does breach occur?
In assessing negligence, when do you determine whether a cause was a substantial factor in causing the injury?
In assessing negligence, when do you determine whether there are alternative causes to the injury, and what is the result?
In assessing negligence, when is a duty of care owed?
In assessing negligence, when is there a duty to act?
In assessing negligence, who owes a duty and what is the general standard of care owed?
In assessing proximate causation, what is the relationship between foreseeability, direct causation, and indirect causation?
What damages are available for negligence actions?
What is an attractive nuisance, and how is a claim established?
When is a lessor liable for dangerous defects on their property?
