Torts Negligence

Negligence

Failure to take reasonable care to avoid causing injury or loss to another person.

Duty

A legal obligation to adhere to a standard of reasonable care.

Breach of Duty

Failure to meet the standard of care expected in a particular situation.

Causation

The establishment of a cause-and-effect relationship between the breach of duty and the injury.

Damages

The actual loss or damage suffered by the claimant.

Standard of Care

The degree of caution or attention expected of a reasonable person.

Foreseeability

The ability to anticipate that certain actions may lead to specific outcomes or harm.

Res Ipsa Loquitur

A doctrine allowing negligence to be inferred from the very nature of an accident or injury in the absence of direct evidence.

Proximate Cause

An event sufficiently related to an injury that the courts deem it to be the cause of that injury.

Contributory Negligence

A legal doctrine that may prevent a plaintiff from recovering damages if they are found to have contributed to their own injury.

Comparative Negligence

A rule that reduces the amount of damages that a plaintiff can recover in a negligence-based claim by the percentage of fault attributable to the plaintiff.

Duty of Care

An obligation to avoid careless actions that could cause harm to others.

Negligence Per Se

An act that is considered negligent because it violates a statute or regulation.

Vicarious Liability

A legal doctrine that holds an employer or principal legally responsible for negligent acts committed by an employee or agent.

Special Relationship

A legal concept requiring a higher duty of care to protect others in certain relationships.

NIED (Negligent Infliction of Emotional Distress)

A legal claim for emotional distress caused by another's negligence.

Medical Malpractice

Professional negligence by act or omission by a healthcare provider leading to substandard treatment.

Punitive Damages

Damages awarded in excess of normal compensation to punish the wrongdoer.

Causation in Fact

A principle used to determine whether the harm suffered was caused directly by the defendant's actions.

Economic Damages

Compensatory damages for financial losses incurred as a result of an injury.

Emotional Distress

Psychological harm or suffering resulting from an event.

Slip-and-Fall Case

A legal claim arising from an individual slipping and falling on someone else's property.

Premises Liability

The legal responsibility of a landowner to ensure that their property is safe for visitors.

Attractive Nuisance Doctrine

A legal doctrine that holds landowners liable for injuries to children trespassing on their property if the injury was caused by a hazardous condition.

Negligence Standard

The level of care that a reasonably prudent person would use under similar circumstances.

Burden of Proof

The obligation to prove one's assertion in a legal dispute.

Expert Testimony

Evidence given by an individual qualified to speak with authority on a subject relevant to the case.

Statutory Interpretation

The process by which courts interpret and apply legislation.

Assumption of Risk

A defense against negligence claims asserting that the claimant knew of the risk but chose to accept it anyway.

Public Policy

Principles that assist courts in decision-making and create a fair legal system.

Zone of Danger

The area in which a person can be reasonably expected to be harmed by a defendant's negligence.

Loss of Chance

A legal doctrine allowing recovery for lost opportunities or chances due to another's negligence.