What is negligence?

Negligence is failure to use reasonable care, causing foreseeable harm.

Where the word "Negligence" comes from

Negligence comes from the Latin neglegere, to disregard. It is the most common tort theory, requiring proof of a duty, a breach of that duty, causation, and damages, a framework courts have refined over two centuries.

Why Negligence matters

It holds people responsible for carelessness that harms others. From driving to maintenance to medical care, negligence liability sets the standard of reasonable conduct and compensates those injured when the standard is not met.

Common confusion about Negligence

Negligence is not the same as recklessness or intentional misconduct. Negligence is a failure of care, while recklessness is a conscious disregard of a known risk and intentional acts are done on purpose, so the degree of fault affects both liability and damages.

A real-world example of Negligence

A store leaves a wet floor unmarked and a customer slips and breaks a hip. The store had a duty to maintain safe premises, breached it by failing to warn, and the breach caused the injury, so the elements of negligence are satisfied.

A worked example of Negligence

A driver runs a red light and hits a pedestrian. The driver owed a duty to obey traffic laws, breached it, caused the collision, and the pedestrian suffered a broken leg, so the driver is negligent. The pedestrian can recover medical costs, lost wages, and pain, though the amount may be reduced if the pedestrian also was partly at fault, because comparative negligence divides damages according to each party's share of fault.

How Negligence works in practice

If you are injured, document the scene, the conditions, and the witnesses, because proving the breach and causation is the case. If you are accused of negligence, preserve evidence and notify your insurer, and consider whether the plaintiff's own conduct contributed to the injury, which can reduce or bar recovery. Act promptly, because negligence claims have short limitations periods. The standard of care is judged against what a reasonable person would do in the same situation, so evidence of industry custom, training, and warning signs all help the jury measure whether the defendant fell short, and both sides should assemble that background early.

DefineLaw editors — plain-English definitions for general reference; not a substitute for advice from a licensed attorney.