How is negligence defined in tort law?

Negligence in tort law is defined as the failure to exercise reasonable care, which directly results in harm or injury to another party. This legal concept emphasizes that individuals and entities have a duty to act with a certain standard of care—this means taking precautions that a reasonably prudent person would take in similar circumstances. When someone fails to meet this standard, and their actions lead to injury or damage to another person, they may be deemed negligent.

The essence of negligence lies in the lack of intention to harm. Rather than being a deliberate or willful act, negligence occurs through oversight or neglect. This makes it distinct from other forms of wrongdoing in tort law that may involve intentional misconduct. It's important for a claimant to establish that there was a duty of care owed, a breach of that duty through unreasonable actions or lack of action, and that this breach directly caused the harm suffered.

This understanding helps clarify the concepts of liability and accountability in various situations, such as accidents, medical malpractice, and professional negligence, where an individual's failure to uphold a standard of care can have serious consequences for others.