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Negligence
Negligence means failing to act with the care a reasonably prudent person would use in the same situation, which causes harm to someone else.
What it actually is
In a lawsuit, negligence is a legal claim where the plaintiff must prove the defendant owed a duty of care, breached that duty by acting carelessly, and that breach directly caused the plaintiff's injury or damages. It appears at the pleading stage when the complaint states the elements, and later at trial where evidence is presented on each element.
Why it matters in your case
For a person in a case, whether you are plaintiff or defendant, proving or disproving negligence determines who is legally responsible for the harm and whether compensation is owed. The outcome often hinges on specifics like what a reasonable person would have done—a question usually decided by the jury after hearing all the facts.
The common misunderstanding
People often confuse negligence with intentionally causing harm or with strict liability for dangerous activities. Negligence does not require the defendant to have intended the injury; it only requires a failure to use ordinary care, even if the defendant was trying to be careful.
Get the actual rule
Definitions are orientation; rules are authority
This page explains the concept. When it matters to your case, read the rule that governs it in your court — we hold Texas, federal and Washington court rules word for word, and every state's official resources are on the state pages. If someone cites a case at you, check that it exists first.
Related
Terms that travel with this one
General explanation, not legal advice, and not specific to any state — procedures and deadlines vary by jurisdiction and court. If you can get a lawyer or free legal aid, do: every real option.