Negligent Torts

Most contemporary law actions involving torts are based on the tort of negligence. Negligence is the failure of a person or entity to use reasonable care, which failure results in injury to persons or damage to property. The concept of reasonable care is often expressed in terms of what an ordinary, prudent person would do in similar circumstances. Of course, people frequently commit negligent acts or negligently omit to perform certain acts. But before a defendant can be held liable for commission of a negligent act or omission, the plaintiff must prove by the preponderance (greater weight) of the evidence the following four basic elements:

1. There must be a duty to act in such a manner as not to expose the plaintiff to an unreasonable risk.
2. There must be a breach of duty on the part of the defendant.
3. There must be a causal connection (called proximate cause) between the defendant’s failure to abide by the duty to act in a reasonable and prudent manner and the plaintiff’s loss and the result must have been reasonably foreseeable by the defendant.
4. The defendant’s negligent act or omission must result in injury or loss to the plaintiff.

The cases we will be reviewing in this section will help us better understand these basic elements, and may also raise questions about American society and how it views our obligation to adequately compensate the people we harm though our negligent acts.