Also known as: legally negligent · negligence
Written by attorneys · grounded in primary & secondary sources — see below
Conduct falling below the standard established by law for the protection of others against unreasonable risk of harm. It does not include conduct recklessly disregardful of an interest of others.
Liam Larson drove through a red light while checking his phone and struck a pedestrian in the crosswalk. The pedestrian died from the injuries. Prosecutors charged Larson with involuntary manslaughter on the ground that his driving met the threshold for criminal negligence.
After a customer slipped on a wet floor at Landmark Realty, the company installed new anti-slip mats. At trial the plaintiff sought to introduce the mats to prove the original floor was unsafe. The court excluded the evidence under the subsequent-remedial-measures rule.
Lena Lawson chose to drive an overloaded truck down a steep grade to meet a deadline even though she knew the brakes were marginal. The truck crashed and injured a motorist. Because Lawson had been negligent in creating the emergency, the justification defense was unavailable.
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Legacy Motors left a broken stair tread unrepaired in a common stairwell despite tenant complaints. A visitor fell and broke his leg. The court held that the landlord's failure to discover and correct the condition through reasonable inspection constituted negligence.
A local business owner published a false statement about a private citizen's professional conduct. The citizen sued for defamation. Because the plaintiff was not a public figure, the court required proof of at least negligence regarding the falsity of the statement.
Linden Bank hired an independent contractor to repair a retained common-area elevator. The contractor's negligent work caused the elevator to malfunction and injure a tenant. The bank remained liable to the tenant for the contractor's negligence in maintaining the retained portion of the property.
Legal negligence requires only a failure to exercise the standard of care a reasonably prudent person would observe. Recklessness demands a conscious disregard of a substantial and unjustifiable risk. The Restatement expressly excludes reckless conduct from the definition of negligence.
No. Federal Rule of Evidence 407 bars admission of subsequent remedial measures to prove negligence or culpable conduct. The evidence may be admitted only for other limited purposes such as impeachment or proving feasibility of precautions.
A landlord who retains control over a portion of the property and entrusts repairs of that portion to a contractor remains liable for the contractor's negligence in performing the work. The landlord cannot escape responsibility by delegating the duty it owes to tenants and their invitees.
Criminal negligence requires a gross deviation from the standard of care a reasonable person would observe that creates a high risk of death or serious bodily harm. This standard is higher than ordinary civil negligence but lower than the malice required for murder.
Yes. A private plaintiff must prove at least negligence regarding the falsity of the statement. Recovery of presumed or punitive damages additionally requires proof of actual malice.
…which are compensatory in natureapparently requires proof of actual malice under Alabama law, and the judge charged that "mere negligence or carelessness is not evidence of actual malice or malice in fact, and does not justify an award of exemplary or punitive damages." He refused to charge, however, that the jury must be…