Legal Definitions - Negligent

Negligent describes behavior where a person fails to exercise the reasonable care that an ordinarily prudent individual would have used in similar circumstances. This can involve an action taken or a failure to act when there was a duty to do so.

The term negligent describes behavior that falls short of the standard of care that a reasonably prudent person would have exercised under similar circumstances. This behavior can involve an action someone takes or, in situations where there is a duty to act, an omission (a failure to do something). When someone is negligent, it means they did not act with the ordinary caution or attention expected, and this lack of care often leads to harm or injury to another party.

Here are some examples to illustrate what it means to be negligent:

• Example 1 (Action): A driver is rushing to an appointment and decides to run a yellow light that has just turned red. They collide with a car legally entering the intersection from the cross street. The driver's action of running the red light is negligent because a reasonably prudent driver would have stopped safely at the intersection, rather than risking a collision to save a few seconds.

• Example 2 (Omission): A landlord is repeatedly informed by tenants that a loose railing on a common staircase poses a safety hazard. Despite these warnings, the landlord fails to repair the railing for several weeks. Eventually, a tenant leans on the railing, it gives way, and they fall, sustaining injuries. The landlord's omission (failure to repair the known hazard) is negligent because a reasonably prudent property owner has a duty to maintain safe common areas and would have promptly addressed such a clear danger.

• Example 3 (Professional Action): A construction worker is operating a forklift on a job site. Instead of following established safety protocols, they attempt to lift a load that is clearly too heavy for the equipment, causing the forklift to tip over and damage nearby property. The worker's action of attempting to lift an overloaded item, contrary to safety guidelines, is negligent because a reasonably prudent and trained construction worker would adhere to safety protocols and equipment limits to prevent accidents.