In insurance law, what is "negligence"?

Negligence is defined as the failure to take reasonable care, which results in damage or injury to another party. This concept is foundational in tort law and is often the basis for personal injury claims. When an individual or entity does not act with the level of care that a reasonably prudent person would use in similar circumstances, and this failure leads to adverse consequences, it is considered negligence.

For instance, if a driver does not pay attention to the road and causes an accident, they may be found negligent because they did not fulfill their duty to operate their vehicle safely. This principle emphasizes the importance of acting responsibly to avoid causing harm to others.

In contrast, being overly cautious would not constitute negligence; instead, it suggests an excess of caution that usually does not result in harm. Contractual obligations pertain to the agreements between parties rather than the standards of care expected in negligence. Evaluating claims is a process that occurs after an alleged act of negligence, focusing on determining liability and compensation, rather than defining the concept itself.