Negligent Tort

What is a tort and how can one be a negligent tort? A tort is a private (civil) wrong against a person or his property (Mallor, Barnes, Bowers, & Langvardt, 2010). Negligence is when one does something that would be considered irresponsible or irrational. What makes someone a negligent tort is when one fails to do their duty, which results in an injury of another person. This all has to do with ones negligence to prevent an incident from occurring. I will discuss the elements of negligent tort, the actual and proximate causation of negligent tort, the duty of care and the various types of remedies available for a finding of tort liability.

The elements of negligent tort are the duty, breach of duty, and the actual and proximate causation of injury. These are the elements that must be proven when one claims that someone else was a negligent tort which resulted in an injury. Duty is when one does not exercise reasonable care for others. When one fails to do their duty this often results in a breach of duty. It is ones duty to do the thing which is reasonable at all sometimes to prevent a breach of duty from occurring.

There are many types of negligent tort, such as car accidents, medical malpractices cases, and slip and fall accidents. These elements would be considered a breach of duty. Breach of duty is when one fails to act as a reasonable person would act, therefore resulting in injury. Even though an accident is something that you cannot prevent from happening sometimes, but this would be a breach of duty. Just say that you failed to use your turning signal while driving and made a left turn, on a street where there are only two lanes, which resulted in a car accident. That is considered to be a breach of duty. Because it is your duty to be reasonable while driving and use proper precautions while driving. Since you failed to signal and the person in oncoming traffic did not know that were turning, because you were not being...