Legal Definitions - inadvertent negligence

Definition: Inadvertent negligence is a type of negligence where the actor is not aware of the unreasonable risk they are creating, but should have foreseen and avoided it. It is a failure to exercise the standard of care that a reasonably prudent person would have exercised in a similar situation.

Example: A driver who is distracted by their phone and causes an accident due to their inattention is an example of inadvertent negligence. The driver did not intend to cause harm, but their failure to exercise reasonable care resulted in an accident.

This type of negligence is different from intentional or willful negligence, where the actor is aware of the risk they are creating and disregards it. Inadvertent negligence is still considered culpable carelessness and can result in legal liability for damages caused.