A negligent tort refers to a legal claim or lawsuit brought against an individual or entity for causing harm or injury to another person due to their negligent behavior (See negligence). Negligence is a legal concept that arises when a person fails to exercise reasonable care—care that a reasonable person would take—resulting in harm or injury to someone else. Negligent torts can encompass a wide range of situations, such as car accidents caused by reckless driving, medical malpractice resulting from a doctor's negligent treatment, or slip and fall accidents due to a property owner's failure to maintain safe premises. If a plaintiff successfully proves all the necessary elements, they may be entitled to compensation for their losses, including medical expenses, pain and suffering, lost wages, and other damages directly related to the incident. To establish a claim of negligent tort, the following elements generally need to be proven:
- Duty of care: The defendant (the person being sued) must owe a duty of care to the plaintiff (the person filing the lawsuit). This duty of care typically arises from the general expectation that individuals should act reasonably and avoid causing harm to others.
- Breach of duty: The defendant must have breached their duty of care by failing to act reasonably or by engaging in conduct that falls below the expected standard of care. The specific standard of care varies depending on the circumstances and the relationship between the parties involved.
- Causation: The defendant's breach of duty must have been the direct cause of the plaintiff's injuries or harm. This element requires demonstrating that the harm suffered was a reasonably foreseeable consequence of the defendant's actions or omissions.
- Damages: The plaintiff must have suffered actual damages or injuries as a result of the defendant's negligence. These damages can be physical, emotional, or financial in nature.
[Last updated in July of 2023 by the Wex Definitions Team]