Also known as: wrongs of negligence · negligence · tort of negligence
Written by attorneys · grounded in primary & secondary sources — see below
A wrong in which the mental state is a form of mere carelessness rather than wrongful intent.
Whitney Washington drove at excessive speed on a winding road while distracted by her phone. Her vehicle crossed the center line and struck Warren Wu's car head-on, killing him instantly. Prosecutors charged Whitney with involuntary manslaughter on the theory that her carelessness constituted the wrong of negligence.
Wyatt Wilson owned a factory where a conveyor belt injured worker Willow Walker. After the incident Wyatt installed a guardrail that would have prevented the injury. At trial the court refused to admit the guardrail installation to prove Wyatt's negligence because subsequent remedial measures cannot establish the wrong of negligence.
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Wren Wallace, a security guard, left his post to chase a suspected thief and thereby allowed a fire to spread into a neighboring building. Wren claimed necessity, but because he had been reckless in creating the emergency the justification was unavailable and his conduct remained a wrong of negligence.
Walter Washington leased part of his building but retained control of the common stairway. He hired an independent contractor who negligently left the stairs icy. When tenant Westbrook Dynamics employee Warren Wu slipped and fell, Walter remained liable because entrusting repairs did not relieve him of the duty that gave rise to the wrong of negligence.
Willow Walker published an article accusing local business owner Whitney Washington of unsafe practices. Whitney sued for defamation on a matter of public concern. Because Whitney was a private figure the court required her to prove at least negligence, establishing that the publication was a wrong of negligence rather than strict liability.
Wrightway Engineering retained control of a building's elevator after leasing space to Watershed Pharmaceuticals. Wrightway hired an independent contractor who failed to repair a known defect. When an employee of Watershed Pharmaceuticals was injured the landlord remained subject to liability for the contractor's carelessness that produced the wrong of negligence.
A wrong of negligence requires only carelessness rather than wrongful intent. The actor need not desire the harmful result. It is enough that the conduct fell below the standard of care a reasonable person would observe.
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Yes. At common law an unintentional killing caused by criminal negligence constitutes involuntary manslaughter. The deviation from reasonable care must be gross and create a high risk of death or serious injury.
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A wrong of negligence requires proof of carelessness. Strict liability imposes responsibility without any showing of intent or culpable negligence.
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No. Evidence of measures taken after an injury that would have made the harm less likely is inadmissible to prove negligence or culpable conduct.
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…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…