The tort of negligence occurs when someone suffers injury because of another's failure to a required duty of care.

In contrast intentional torts, in torts involving negligence, the tortfeasor neither wishes to being about the consequences of the act nor believes that they will occur. The conduct merely creates a risk of such consequences.

To succeed in a action, the plaintiff must prove each of the following:
-Duty. That the defendant a duty of care the plaintiff.
-Breach. That the defendant that duty.
-Causation. That the defendant's breach caused the plaintiff's injury.
-Damages. That the plaintiff suffered a legally injury.

When someone fails to comply with the duty to reasonable care, a potentially tortious act may have been committed.

Tort law measures duty by the .

Causation in fact usually can be determined the "but for" test.

Under the common law doctrine of contributory negligence, no matter how insignificant the plaintiff's negligence was the defendant's negligence, the plaintiff would be recovering damages.