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What is Negligence?

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Personal Injury Law Glossary

Negligence is the failure to take proper care in doing something. Negligence is often the cause of personal injury cases. For example, a driver rear-ended the car in front of them due to following too closely. Many accidents that could be summed up as “a person not paying attention when they should be” fall into this category.

The factors that need to be considered when considering if someone was negligent include:

  • Whether the person causing the injury had a responsibility toward the person who got hurt;
  • Whether the person causing the injury acted in a way that violated that responsibility;
  • Whether the person accused of negligence actually did something that hurt the person making the accusation;
  • Whether the injury could have been reasonably foreseen.[1]

Some types of personal injury claims may involve allegations of strict liability, intentional criminal acts, negligence per se, or other causes of action. KI Legal’s knowledgeable personal injury lawyers analyze the facts of the case to determine what legal claims may apply.


[1] Sultan v. King, 152 N.Y.S.3d 777,  783 (N.Y. 2021).

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