Unintentional Tort

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Unintentional Tort

An unintentional tort is a negligent, non‑deliberate act that causes injury, property damage, or financial loss. It arises when someone fails to exercise the level of care a reasonable person would use in the same circumstances and, as a result, harms another person.

Key points

  • Unintentional torts are based on negligence, not intent. Courts and insurers treat them differently from intentional torts.
  • To recover, a plaintiff must prove the defendant owed a duty of care, breached that duty, and caused the plaintiff’s injury.
  • Standards of care vary: professionals (e.g., doctors) owe higher duties; children are judged against what a reasonable child of similar age and experience would do.
  • Parents are not automatically liable for a child’s actions, but can be liable for negligent supervision or training.

Elements required to prove negligence (unintentional tort)

A plaintiff must establish the following elements:

  1. Duty of care
    The defendant owed an obligation to avoid careless conduct that could harm others. The scope of the duty depends on the relationship and circumstances.

  2. Breach of the standard of care
    The defendant failed to meet the level of care a reasonable person would provide in similar circumstances. The standard can be higher for professionals and adjusted for children.

  3. Causation

  4. Cause‑in‑fact: Often analyzed with the “but for” test — the injury would not have occurred but for the defendant’s conduct.

  5. Proximate cause: The harm must be a foreseeable result of the defendant’s actions.

  6. Damages
    The plaintiff suffered actual harm (physical injury, property damage, or financial loss) as a result of the breach.

Special rules: children and parental liability

  • Children: Courts apply a child‑specific standard, considering age, maturity, and what a typical child of similar age would have done. Children under about six years old are seldom held liable.
  • Parents: Parents are not automatically responsible for every act of their child. They can be held liable when negligence in supervision, training, or entrustment contributes to another person’s injury. A child may also bring a claim against a parent if harmed by the parent’s negligent conduct.

Example

A camp counselor takes campers on a river trip but fails to provide life jackets. If a camper drowns, a court may find the counselor’s omission was the cause‑in‑fact — the camper would not have drowned “but for” the lack of a life jacket. If providing life jackets was a foreseeable precaution, the counselor likely breached a duty of care.

Conclusion

Unintentional torts center on negligence: an owed duty, a breach of the appropriate standard of care, causation linking the breach to harm, and actual damages. Understanding how courts assess duty, standards for different actors (professionals, children), and causation helps clarify when negligent conduct becomes legally actionable.