Torts
Negligence
Definition
Negligence is a tort consisting of a failure to exercise the standard of care that a reasonably prudent person would exercise in a similar situation. A negligence claim requires four elements: duty, breach, causation (both actual and proximate), and damages. It is the most common basis for tort liability and contrasts with intentional torts and strict liability, which do not depend on the defendant's degree of care.
Example
A driver runs a red light and collides with a pedestrian. The driver owed a duty to drive carefully, breached it, and caused the pedestrian's injuries.