Negligence, Or Carelessness?

1792 Words8 Pages
Negligence, or carelessness, is considered the most important tort of all, and is used to determine whether or not the defendant can be held liable for carelessly causing the plaintiff to suffer a loss or injury (McInnes et al. 135). The tort of negligence requires the plaintiff (the accuser) to prove that the defendant (the accused): 1. Owed a duty of care to the plaintiff, in that they were required to act carefully toward the plaintiff. This exists if the defendant is required to use reasonable care to avoid injuring the plaintiff. 2. Breached the standard of care by acting carelessly. This is to do with how the defendant with duty must act, and liability is only possible if the standard of care is breached. 3. Caused harm to the plaintiff. The plaintiff must prove that a breach in the standard of care caused a loss that would not have occurred if not for the defendant 's actions. In order for a claim of negligence to succeed, all three of these elements must be proven on a balance of probabilities – meaning that it needs to be more than 50% likely to be true – and even if they are, there are still defences that can be used. The Lac Megantic train derailment caused destruction and death when the oil it was carrying exploded. Due to the scope and nature of the disaster, there are many potential plaintiffs that could exist. These include the families of the victims who died as a result of the explosion, any persons who were injured, any businesses or homes that were
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