How Do I Know When Negligent Tort Occurs?

Published on: 12/11/23 — In 

There are three types of torts intentional torts, strict liability torts, and negligent Torts. When negligent tort occurs, someone fails in their duty of care and causes harm to another person. To establish liability for a negligent tort, four elements must be considered: duty, breach, causation, and damages. If all four elements are proven, the responsible person can be held accountable for the victim's damages. If any of these elements are missing, there is no negligence claim.

Each type of tort case is unique and must be evaluated independently to determine if a negligent tort has occurred. Contact Ktenas Injury Attorneys experienced personal injury attorneys for further details.

What Is Negligence?

Negligence is when someone is careless and causes harm, making them responsible for damages.

What Are the Elements of a Negligence Claim?

Negligence happens when someone doesn't take reasonable care and causes harm to another person. To make a successful negligence claim, the plaintiff must show that the defendant had a duty of care, breached it, and caused damages.

The four elements of a negligence claim can be broken down as follows:

1. Duty of Care: The defendant must have had a legal obligation to act in a certain way towards the plaintiff. This is judged by considering what a reasonable person would have done in the same situation.

2. Breach of Duty: The defendant must have failed to act as a reasonable person would and caused harm to another party.

3. Causation: It must be established that the defendant’s breach of duty was responsible for causing the plaintiff’s damages. This means it must be determined that the defendant’s actions were the actual cause of the harm or damage suffered by the plaintiff.

4. Damages: It must be established that some form of harm or loss was suffered as a result of the defendant’s breach of duty.

If all four elements are established, then a negligent tort has occurred and the person responsible for the injury can be held liable for the damages suffered by the victim.

Types of Negligent Torts

Negligent torts are civil wrongs that arise from careless or reckless conduct. These types of torts involve a duty to exercise reasonable care to prevent harm to another person, property, or reputation. Negligent torts can give rise to expensive legal action and settlements if the injured party can establish negligence. Several types of negligent torts can occur, including:

a book on tort laws next to a gavel on a desk

Negligent Infliction of Emotional Distress

Negligence causing emotional distress is when someone's carelessness or recklessness makes someone else suffer emotionally. It's hard but possible and usually involves the defendant breaking their duty and hurting the plaintiff emotionally. They can be intentional infliction or accidental wrongful actions.

Pedestrian Accidents

Negligent tort happens when someone acts carelessly or recklessly, causing harm or personal injury to another person. In pedestrian accidents, a negligent tort can occur if a driver doesn't take the necessary steps to prevent hurting a pedestrian.

For example, in an automobile accident, if a driver is speeding in a neighborhood where children are playing, they may not see a child crossing the street in time and cause an accident.

In this case, the driver can be held responsible for negligent tort because they had a duty to take reasonable measures to avoid causing harm to the pedestrian.

Defective Products

Negligent tort happens when a party fails to exercise reasonable care in making a product. This results in a dangerous product that harms consumers. Negligent torts on defective products can be caused by things like a lack of safety guards and warnings. In these cases, the manufacturer is held responsible for negligent tort.

False Imprisonment

False imprisonment is a negligent tort. It happens when someone unlawfully restrains or confines another person without their consent. This can be done physically or psychologically. Generally, it involves holding someone against their will, and for no good reason.

a book on negligence with a stethoscope sitting on top with more books in the background

To determine if false imprisonment occurred, the court looks at the accused's intent, the duration of the confinement, and the method used. If proven, the victim can be awarded damages.

To determine negligence, the legal standard of care must be met. This standard is based on what a reasonable person would do in the same situation.

If someone doesn't meet this standard, they may be held responsible for negligent tort. It can be hard to recognize and prove negligent torts, but understanding the types and evaluation by the court can help injured parties seek compensation.

The Reasonable Person Standard

Negligence happens when someone fails to act reasonably, causing harm to another person. It is determined by looking at what a "reasonable" person would have done in the same situation.

To prove negligence, it must be shown that the defendant acted negligently and that this directly caused harm to the plaintiff. The reasonable person standard is used to determine if the defendant's actions fell below what a reasonable person would do. If they did, they can be held responsible for negligence.

Duty of Care Owed to Others

Negligence occurs when someone fails to take reasonable steps to avoid causing harm to another person. This can happen in many ways, such as a manufacturer not providing proper safety warnings resulting in physical harm or a doctor not diagnosing an illness promptly or providing the necessary level of care.

If it is proven that the person breached their duty of care and caused injury or loss, they would be held responsible for negligence.

Determining if Liability Exists for a Negligent Tort Claim

Negligence torts are civil wrongs caused by someone's carelessness that harm or cause loss to another person. To prove a negligent tort law claim, four elements must be established: duty, breach of duty, causation, and injury.

  • The first element is duty, which means the defendant had an obligation to act in a certain way towards the plaintiff.
  • The second element is a breach of duty, meaning the defendant failed to fulfill their obligation.
  • The third element is causation, showing that the defendant's breach of duty caused the harm or loss.
  • The final element is injury, where the plaintiff must demonstrate that their injury or loss was a direct result of the defendant's breach of legal duty.

Establishing Breach of Duty and Causation

Under the concept of tort law negligent torts occur when someone fails to act with reasonable care, causing harm. To prove a negligent tort, the plaintiff must show that the defendant had a duty of care, breached it, and caused direct damage.

First, the plaintiff must establish the duty of care by looking at relevant laws or regulations.

Next, they must prove that the defendant breached this duty by comparing their actions to what a reasonable person would do.

negligence paperwork next to a pen and gavel

Then, they must show that the plaintiff suffered a loss or injury due to the defendant's actions.

Finally, they must establish a direct link between the defendant's breach and the actual injury.

Negligent torts can cause significant harm, so it's important to seek legal advice from a personal injury lawyer if you believe you've been affected.

Damages Awarded for Negligence Claims

Negligent tort occurs when someone's negligent actions cause harm to another person. It can be physical, financial, or psychological and leads to a lawsuit.

The court determines fault and may award damages to the injured party. The amount of compensatory damages depends on factors like injury severity and pain experienced.

Damages can include medical bills and medical expenses, lost wages, pain, and emotional distress. Punitive damages may be awarded in cases of reckless actions.

Monetary Compensation for Injury or Property Damage 

If you have been injured or had personal property damage due to someone else's negligence, you may be entitled to proper compensation.

Ktenas Injury Attorneys can help determine if a negligent tort occurred and what criminal charge damages can be sought. Negligent tort occurs when someone fails in their duty of care and causes harm.

To prove negligence, you must show a duty of care, breach, and injury or loss. You also need evidence that the breach caused your injury or loss. Seek personal injury lawsuit legal advice promptly if you believe a negligent tort occurred, and determine your entitled compensation. Call Ktenas Injury Attorneys law firm today for further advice and support.