Unintentional Tort

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DEFINITION of 'Unintentional Tort'

A type of unintended accident that leads to injury, property damage or financial loss. In the event of an unintentional tort, the person who caused the accident did so inadvertently and typically because he or she was not being careful. The person who caused the accident is considered negligent because he or she failed to exercise the same degree of care that a reasonable person would have in the same situation.

BREAKING DOWN 'Unintentional Tort'

In certain cases, a person causing an accident may be held legally responsible for their negligence and may have to pay a plaintiff for physical injuries, property damage and/or financial loss. In general, the plaintiff will have to prove that the defendant (the person causing the accident) owed the plaintiff a duty of care, that the defendant did not act as a reasonable person would have, that the defendant's actions or inactions caused the injury and/or loss, and that the plaintiff suffered some type of harm or injury as a result of the defendant's actions or inactions.

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