Tort Terms

Brien Roche

Negligence is a tort constituting unintentional conduct
that breaches a duty.

Negligence Examples

The passing of a red light is an act of negligence. Likewise, a doctor failing to properly diagnose an illness that should have been diagnosed. Also the failure of a property owner to exercise reasonable care in the maintenance of property. The failure of a pedestrian to see a defect in the sidewalk that is open and obvious is negligence.

It is defined by a standard and the violation of that standard. For instance in the case of an auto crash there generally is some standard that applies in the form of a traffic law. If that is violated then that act is negligence. In the context of medical treatment generally there is some standard of care that applies. That standard may be set by the professional group that oversees that profession. Also it may be set through expert testimony. If the health care provider violates that standard that is negligence.

Standard of Care and Breach

There must be not only proof of what the standard of care is but also a breach of that standard.

If you have been injured due to the fault of another contact personal injury lawyer Brien Roche. Also visit the other pages on this site. For more info about this see the pages on Wikipedia.