ABA Family Legal Guide

Personal Injury

Negligence

How does the law define negligence with respect to personal injury cases?

The most common type of tort case is based on negligence. If someone is negligent, he or she is at fault and has acted unreasonably under the circumstances in a way that causes harm to another. Much of tort law is designed to compensate those who have been harmed by socially unreasonable conduct. Unlike someone who commits an intentional tort, a negligent tortfeasor does not intend to cause harm or bring about a certain result. The person simply did not use reasonable care.

For instance, let's say that Jill is driving her car down the road when her cell phone rings. She picks up the phone and inadvertently swerves into another lane, striking another car. Jill did not commit an intentional tort because she did not intend to strike the other car. But Jill was negligent because she failed to act with reasonable care while operating her vehicle.