Negligent Tort Law & Legal Definition


Negligent tort means a tort committed by failure to act as a reasonable person to someone to whom s/he owes a duty, as required by law under the circumstances. Further, negligent torts are not deliberate, and there must be an injury resulting from the breach of the duty. Examples of negligent torts are car accidents, slip and fall accidents, and most medical malpractice cases.

The elements of negligent tort are :

that there must be a breach of duty to a known standard of care;

that the breach of that duty was the actual cause and the proximate cause of the harm to the plaintiff; and

that the plaintiff was harmed, to which the law provides a remedy.