Tom Jones was injured in an accident. To successfully collect from the party causing the accident, Tom MUST show that there was a duty owed to him, that the other party failed to meet that duty, that the failure was the cause of his injury, and that he suffered damage because of this accident. What type of tort would Tom be attempting to prove?

• A. Intentional tort
• B. Negligence
• C. Strict liability
• D. Nuisance

Answer: (B)

Negligence is shown when you prove four elements: a duty of care owed by the defendant to the plaintiff, a breach of that duty, actual causation linking the breach to the injury, and damages suffered by the plaintiff. The scenario describes all four: there was a duty to avoid harming Tom, the other party failed to meet that duty, the failure caused the injury, and Tom incurred damage as a result. So the tort Tom would be pursuing is negligence.

The other options don’t fit as well. An intentional tort requires purposeful intent to cause harm, not merely an accident. Strict liability doesn’t require proof of fault or breach; liability arises regardless of fault in specific situations (like ultra-hazardous activities), which isn’t described here. Nuisance concerns interference with use or enjoyment of property, not personal injury from an accident.