Restatement (Second) of Torts · Section § 21
This section addresses the liability for nonintentional torts where the harm results from an act of negligence.
Source: Restatement Restatement (Second) of Torts § § 21
A person is subject to liability for a tortious act if they have engaged in conduct that constitutes negligence, causing harm to another.
Section 21 establishes that an individual can be held liable for harm caused to another as a result of negligent behavior. This means if someone fails to act with the level of care that a reasonable person would in similar circumstances, and that failure leads to injury, they can be responsible for damages.
Defines the standard of care expected to avoid liability.
Integrates concepts of foreseeability and reasonable conduct into tort law.
Illustration 1
If a driver fails to stop at a red light and hits another car, this may constitute negligence under § 21.
Illustration 2
A store owner who neglects to fix a wet floor sign is liable if a customer slips and falls.
This case illustrated the principles of negligence and foreseeability as discussed in § 21.
This case applied the standard of care in negligence, echoing the ideas from § 21.
Understanding § 21 is crucial for assessing potential liability in personal injury cases. It guides legal practitioners in establishing whether an individual's actions meet the threshold for negligence under tort law.