Also known as: simple-negligence · ordinary negligence
Written by attorneys · grounded in primary & secondary sources — see below
Conduct falling below the standard of care that a reasonably prudent person would exercise under the circumstances. The term denotes culpable carelessness that creates an unreasonable risk of harm to others. It stops short of gross negligence or intentional wrongdoing.
Samantha Stone allowed her unemancipated son to ride a bicycle on a busy street without a helmet. The child was struck by a car and injured. The son sued Samantha for failing to supervise his activity. The court dismissed the claim because the conduct arose from the exercise of parental authority and discretion within the family relationship.
Spectrum Financial published an article about a local business owner that contained an inaccurate statement about the owner's finances. The publisher had not checked public records or contacted the owner before printing. The owner sued for defamation. The court permitted recovery upon a showing that the publisher failed to act as a reasonable person would have in verifying the facts.
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Summit Bank issued a press release containing a false statement about a city official's handling of public funds. The bank had relied on an unverified tip without further checking. The official sued for defamation. The court required proof of actual malice rather than simple negligence because the plaintiff was a public official.
Silverline Industries operated a vessel and failed to maintain safety equipment that a reasonable ship owner would have inspected. A crew member was injured as a result. The family brought a wrongful death action. The court applied the standard of ordinary negligence to determine whether the company had breached its duty of care.
Sierra Solutions manufactured a vehicle with a steering mechanism that a reasonable designer would have tested more thoroughly. A driver was injured when the mechanism failed. The driver sued in strict products liability. The court considered whether the manufacturer's conduct amounted to simple negligence when comparing the design to industry standards.
Samuel Soto, an accountant at Arthur Young & Co., prepared an audit report without confirming key financial data that a reasonable auditor would have verified. Investors relied on the report and suffered losses. The investors sued the firm. The court evaluated whether the accountant's preparation met or fell below the standard of ordinary care.
Simple negligence is ordinary carelessness that falls below the reasonable person standard. Gross negligence requires a substantially greater departure from that standard and often involves conscious disregard of a serious risk. The distinction affects whether liability is barred by immunity doctrines or partnership agreements.
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Recovery is ordinarily unavailable when the conduct creates a risk of emotional disturbance alone and produces no bodily harm. The rule prevents liability for transient distress without physical consequences or other compensable damage.
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Simple negligence supports civil liability but does not by itself establish criminal negligence. Criminal negligence requires a gross deviation from the reasonable person standard that creates a substantial and unjustifiable risk of death or serious injury.
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…intent to do the plaintiff harm, or that the defendant. . . was guilty of gross negligence and recklessness and not of just ordinary negligence or carelessness in publishing the matter complained of so as to indicate a wanton disregard of plaintiff's rights." The trial court's error in failing to require any finding of actual…