Negligence

  • Negligence

    Negligence is a type of tort.  You will also hear negligence called an unintentional tort.  Negligence is legal way to describe carelessness.  The defendant was not as careful as he should have been and his carelessness injured the plaintiff.  The elements of a negligence claim are duty, breach, causation, and damage, meaning that the plaintiff must…

  • Unintentional Tort

    The unintentional tort  is one of three major types of torts.   Other torts are classified as intentional torts or strict liability torts.  The unintentional tort is also known as negligence. The elements of negligence are (i) defendant owed a duty of reasonable care to plaintiff; (ii) defendant breached  that duty; (iii) defendant’s   breach of that duty caused; (iv) plaintiff’s…