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What Is Neglience?
(Definition And 3 Most Common Types of)

The term “negligence” refers to a careless act or mistake that results in an injury to another, whereas “gross negligence” is a reckless or purposeful indifference to the safety of others.
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C.L. Mike Schmidt Published by C.L. Mike Schmidt

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What is the Meaning of Negligence?

Negligence is defined as a failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances. The behavior typically consists of actions, but can also consist of omissions when there is some duty to act (i.e. a duty to help victims of one's previous conduct).

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What are the 3 Types of Negligence?

Different Types of Negligence include:

  • Gross Negligence - A higher degree of negligence that represents an extreme departure from the ordinary standard of care. Falling between intent to do wrongful harm and ordinary negligence, gross negligence is defined as willful, wanton, and reckless conduct affecting the life or property or another.
  • Comparative Negligence - Legal defense that reduces the amount of damages a plaintiff can recover in a negligence-based claim, based upon the degree to which the plaintiff's own negligence contributed to cause the injury. Comparative Negligence is commonly referred to as non-absolute contributory negligence outside the United States.
  • Contributory Negligence - Represents the plaintiff's failure to exercise reasonable care for their safety. Contributory negligence can bar recovery or reduce the amount of compensation a plaintiff receives if their actions increase the likelihood that an incident occurred.

What is Negligence in the Law of Tort?

Torts are legal wrongs that one party suffers at the hands of another. Negligence is a form of tort that was created because certain types of loss or damage occur between parties that have no contract between them, and therefore there is nothing for one party to file a lawsuit against the other over.

Read Also: Steps to Filing a Negligence Lawsuit Against an HOA

What are Some Examples of Negligence?

Examples of negligence include:

  • A driver who runs a stop sign which leads to an injury crash.
  • A store owner who fails to put up a “Caution: Wet Floor” sign after mopping up a spill.
  • A property owner who fails to replace rotten steps on a wooden porch that collapses and injures guests.

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What Determines Negligence?

Most civil lawsuits for injuries allege that the defendant was negligent in some way. To win a negligence lawsuit, Plaintiff must establish the following elements: (1) the wrongdoer owed a duty to the victim, (2) the wrongdoer breached the duty, (3) the breach caused the injury (4) the victim suffered damages.

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