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Negligence Tort at a Glance

Negligence Tort

Negligent torts are the most prevalent type of tort. Negligent torts are not deliberate actions, but instead present when an individual or entity fails to act as a reasonable person to someone whom he or she owes a duty to. The negligent action found in this particular tort leads to a personal injury or monetary damages.

The elements which constitute a negligent tort are the following: a person must owe a duty or service to the victim in question; the individual who owes the duty must violate the promise or obligation; an injury then must arise because of that specific violation; and the injury causes must have been reasonably foreseeable as a result of the person's negligent actions. 

To succeed in a negligent action, the party who sustained the injury must prove the aforementioned elements in a negligent tort claim or hearing. A negligent tort can be summed up as an individual's failure to reasonably exercise logical or caring actions. Examples of a negligent tort claim can include: slips or falls, the majority of medical malpractice cases, and car accidents.

NEXT: Opinion and Intention in Tort Law

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