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

Schmidt & Clark, LLP is not currently accepting these types of cases and has posted this content for information purposes only. We encourage you to seek a qualified attorney, if you feel you might have a case.

---

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).

Related Article: What is Medical Malpractice Law?

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.

Related Article: When Can Lifeguard Be Held Liable for Pool Drowning?

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.

Related Article: Can You Sue Hospital for Negligence?

FAQs

Can an employer be held liable for gross negligence committed by an employee?

Yes, an employer can be held liable for gross negligence committed by an employee if the employee was acting within the scope of their employment at the time of the incident. This is known as vicarious liability, and it applies to both negligence and gross negligence.

What are the consequences of a gross negligence finding for the defendant?

A finding of gross negligence can have severe consequences for the defendant, including substantial financial liability due to compensatory and punitive damages, reputational harm, and in some cases, criminal charges or professional disciplinary action.

How do courts determine whether conduct constitutes gross negligence?

Courts determine whether conduct constitutes gross negligence by evaluating the facts of the case, including the defendant’s actions, the level of risk involved, the foreseeability of harm, and whether the defendant demonstrated a reckless disregard for the safety of others.

See all related personal injury and accident lawsuits our lawyers have covered.

Get a Free Lawsuit Evaluation With Our Lawyers

The Litigation Group at Schmidt & Clark, LLP is an experienced team of trial lawyers that focuses on the representation of plaintiffs in lawsuits. We are handling individual litigation nationwide and currently accepting new legal challenges in all 50 states.

If you or a loved one was involved with any of these matters, you should contact our law firm immediately for a free case evaluation. You may be entitled to a settlement by filing a suit and we can help.