Insurance · Casualty Insurance Basics

What is 'negligence' in tort law, and what are its elements?

Correct answer

Failure to exercise reasonable care, with four elements: duty owed, breach of duty, causation, and damages

  1. A Intentional harm
  2. B Failure to exercise reasonable care, with four elements: duty owed, breach of duty, causation, and damages
  3. C Strict liability without fault
  4. D A criminal act

Why this is the answer

Negligence is the legal basis for most liability claims. To establish negligence, the plaintiff must prove four elements (DBCD): (1) Duty — the defendant owed the plaintiff a legal duty of care (e.g., drivers owe other road users a duty to drive carefully); (2) Breach — the defendant breached that duty by acting unreasonably under the circumstances; (3) Causation — the breach actually and proximately caused the plaintiff's harm (both 'but for' causation and reasonably foreseeable consequences); (4) Damages — the plaintiff suffered actual harm (bodily injury, property damage, economic loss). All four elements must be proven; failure on any one defeats the claim. Negligence is distinct from intentional torts (deliberate harm) and strict liability (responsibility without fault, as in some product liability or animal owner cases). Liability insurance covers negligence claims; intentional acts are typically excluded.
Source: NAIC Model Outline, Negligence

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