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I have often heard the words "negligence" and "tort", but what do they really mean in terms of the law?

 

A: In the most general terms, "negligence" is defined as the failure by an individual or entity to take a reasonable amount of care under the circumstances.  This includes both a failure to take action that a reasonable person would take as well as taking actions that a reasonable person would not take.    By example, a reasonable person would immediately slow and stop his truck prior to approaching a stopped school bus with its lights flashing.  A truck driver's failure to properly stop under such circumstances causing an accident would be properly characterized as the truck driver's negligence.

 

In Kentucky, a "tort" action is a lawsuit filed by an injured victim who has not legal ties to the person who injured them, but has still been injured by that person's negligence.  The concept of tort law emerged in order to correct an oversight in civil law; previously, only entities bound by a contract had the right to file a claim against other parties that caused them harm through negligent or deliberately hurtful actions.  However, under "tort" law, Kentucky citizens outside of contractual obligations may claim damages.

For more insight into the types of causes of action, please feel free to contact an experienced lawyer at  Hurt, Crosbie and May in either our Lexington or Louisville offices. 




Hurt, Crosbie & May serves clients in Kentucky, including the following areas:
Cities: Lexington, Nicholasville, Georgetown, Richmond, Winchester, Louisville, Frankfort, Lawrenceburg, Cynthiana, Mt. Sterling, Versailles, Paris, Stanton, Harrodsburg, Clay City, Wilmore, Berea.

Counties: Fayette, Jessamine, Scott, Jefferson, Madison, Franklin, Woodford, Shelby, Anderson, Clark, Mercer, Powell, Garrard, Bourbon, Montgomery, Spencer, Estill.

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