Which statement best defines negligence in tort law?

• A. Intentional harm
• B. Breach of duty in a professional context only
• C. Lack of informed consent
• D. Failure to do what a reasonable/prudent person would do

Answer: (D)

Negligence in tort law centers on failing to exercise the level of care that a reasonably prudent person would use in similar circumstances. The essence is a duty to avoid harming others, a breach of that duty through acting or failing to act in a way a prudent person wouldn’t, and harm resulting from that breach. It’s about the standard of care, not an intent to cause harm, which would be a different type of tort. It isn’t limited to professionals, although professionals are judged against the standard of care appropriate to their field. While lack of informed consent can be relevant to liability, the core idea of negligence remains the failure to do what a reasonable/prudent person would do.