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negligence
Sign in to saveNegligence (Latin: negligentia) is a failure to exercise appropriate care expected to be exercised in similar circumstances.
~29 min read
Article
22 sectionsContents
- Elements of negligence claims
- Duty of care
- Breach of duty
- Intention and/or malice
- Causation
- Factual causation (actual cause)
- Legal causation (proximate cause)
- Injury
- Special doctrines
- Damages
- Comparison by jurisdiction
- Civil law jurisdictions
- Common law jurisdictions
- England and Wales
- India
- New Zealand
- United States
- See also
- Notes
- References
- Citations
- External links
Negligence (Latin: negligentia) is a failure to exercise appropriate care expected to be exercised in similar circumstances.
Within the scope of tort law, negligence pertains to harm caused by the violation of a duty of care through a negligent act or failure to act. The concept of negligence is linked to the obligation of individuals to exercise reasonable care in their actions and to consider foreseeable harm that their conduct might cause to other people or property. The elements of a negligence claim include the duty to act or refrain from action, breach of that duty, actual and proximate cause of harm, and damages. Someone who suffers loss caused by another's negligence may be able to sue for damages to compensate for their harm. Such loss may include physical injury, harm to property, psychiatric illness, or economic loss.