What is a Negligence Tort?

A negligence tort is a failure to act with the level of care that an ordinary person would have exercised under the same circumstances. Negligence can consist of an act or omission where there is some duty to act.

A tort is a wrongful act or omission that causes harm to a person. There are many different types of torts. These include: intentional torts, property torts, dignitary torts, economic torts, nuisance, negligence, duty to visitors, and strict liability.

What is a Negligence Tort?

What is negligence in tort law? Negligence is failure to use reasonable care, resulting in damage or injury to another.

To succeed in proving the tort of negligence, you will have to show:

Duty – There must be a duty owed to others.
Breach – There must have been a breach of that duty.
Causation – The breach of duty must have caused the injury or loss.
Damages – There must be an injury or loss that can be remedied by compensation.

Different Types Of Negligence

Negligence can be grouped into a few categories. You can characterize the negligence by its severity:

Ordinary negligence – When a person does not take reasonable precautions and causes injury to another.
Gross negligence – When a person shows extreme disregard or indifference for the safety of others.

You can also categorize negligence based on the way a state will treat a person who was at least partially responsible for the injury that they suffered.

Contributory negligence – When a person contributed to their injury in some way and is prevented from collecting any damages for their injuries.
Comparative negligence – When a person is partially responsible for the injury they have experienced and must pay a percentage of the damages.
Combination of comparative and contributory negligence – When an individual is allowed to recover a percentage of damages as long as they are not more than 50% at fault for their injuries.

There is also a type of indirect negligence.

Vicarious negligence – Courts use this theory of negligence to hold a party responsible for the actions of another person or animal.

What is the Difference Between Strict Liability and Negligence?

In a negligence case, an injured party must show that the other party’s negligence caused their injuries. In a strict liability case, the other party is liable for damages even if they were not negligent or at fault.

What are Examples of Negligence Tort Cases?

A simple negligence example is a defective medical device. Manufacturers of medical devices have a duty to provide patients with safe and effective products. When they fail to uphold this duty and patients are injured or killed, this becomes grounds for a tort claim.

Examples of defective medical device cases involving negligence include:

The Guardian Legal Network Connects You to Negligence Attorneys

The Guardian Legal Network helps connect victims to experienced help so they don’t have to navigate the legal system on their own. If the negligence of another party injured you or a loved one, you may have a valid legal claim.

To find out if you are eligible to receive compensation for your injuries, you should contact the Guardian Legal Network today. We’ll put you in touch with an experienced negligence attorney who will fight to get you the justice you deserve.

« Back to Glossary Index