Negligence is a tort (civil wrong) where a person fails to exercise the standard of care that a reasonably prudent person would exercise, causing harm to another.
Three Elements (All Must Be Proved)
- Duty of care — the defendant owed a legal duty to the plaintiff
- Breach of duty — the defendant failed to meet the standard of care
- Damage — the plaintiff suffered actual harm caused by the breach
This test comes from Donoghue v. Stevenson (1932) and has been fully adopted by Indian courts.
Medical Negligence
The Supreme Court in Jacob Mathew v. State of Punjab (2005) held that a doctor is not liable for negligence merely because a patient died — there must be a gross departure from accepted medical standards.
Key Doctrines
- Contributory negligence: If the plaintiff was also negligent, damages may be reduced proportionally
- Res ipsa loquitur (“the thing speaks for itself”): The mere occurrence of an accident raises a presumption of negligence — e.g., a surgical instrument left inside a patient
- Vicarious liability: An employer can be held liable for the negligent acts of their employees done in the course of employment