Written by attorneys · grounded in primary & secondary sources — see below
Conduct falling below the standard of care a reasonably prudent person would exercise under the circumstances.
Sources & Authorities
How it applies
Common Examples
6
Driver Causes Fatal Crash
Cade Carpenter drove through a red light while checking his phone and struck a pedestrian in the crosswalk. The pedestrian died from the injuries. Prosecutors charged Carpenter with negligent homicide based on his failure to maintain attention while operating the vehicle.
Principal Allows False Impression
Cynthia Cortez permitted her assistant to represent that he was authorized to sign contracts on her behalf. Third parties relied on the representation and advanced funds. Cortez took no steps to correct the belief even after learning of it.
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Uniform Acts
Model Codes
Restatements
Dictionaries
Connor Clark attempted to fix a loose stair railing in a tenant's apartment but used inadequate screws. The tenant had no reason to suspect the repair was defective. The railing gave way and the tenant fell down the stairs.
Risky Act Without Intent
Colin Chambers swung a tool near a coworker while trying to dislodge a stuck part. The coworker suffered an offensive but non-harmful contact. The swing created an unreasonable risk of injury though Chambers did not intend contact.
Isolated Police Error
Catherine Carter, an officer, conducted a stop based on a mistaken but non-flagrant belief about probable cause. Evidence of drugs was found during the stop. The court weighed the officer's mere carelessness against the costs of suppression.
Member Mismanages LLC Funds
Crestview Holdings' managing member approved an investment without reviewing basic financial projections. The company lost substantial capital as a result. Other members sued alleging breach of the duty of care.
Common questions
Frequently Asked
5
How does careless conduct differ from reckless conduct in criminal law?+
Careless conduct amounts to negligence and supports negligent homicide under the Model Penal Code. Recklessness requires conscious disregard of a substantial risk and supports a higher degree of manslaughter.
Can careless conduct create apparent authority under agency law?+
Yes. A principal who carelessly causes a third party to believe an agent has authority can be bound even without actual or apparent authority.
When does a landlord's careless repair create liability to a tenant?+
A landlord who performs repairs in a negligent manner that makes the premises more dangerous or deceptively safe is liable for resulting physical harm if the tenant neither knows nor should know of the danger.
Does mere carelessness by police always require suppression of evidence?+
No. Courts balance the deterrent value of the exclusionary rule against its social costs and may admit evidence when the misconduct is isolated or merely negligent rather than flagrant.
What level of carelessness triggers liability for an LLC member?+
An LLC member breaches the duty of care by engaging in grossly negligent conduct but is not liable for ordinary negligence.
410 U.S. 113 (1973)Constitutional Law
…period of quickening. "The second of the agents alluded to is the fact that the profession themselves are frequently supposed careless of foetal life . . . . "The third reason of the frightful extent of this crime is found in the grave defects of our laws, both common and statute, as regards the independent and actual…