Dr Ramesh Kumar Singh
Law
May 2025
This study examines the conceptual framework and legal complexities of negligence as both tort and crime, with consideration of the conflicting approaches in civil and criminal law systems. Negligence, in its most general meaning, is the failure to take proper care, leading to injury to others. The research explores the essential aspects of tortious negligence, including duty of care, breach, causation, and damage, with emphasis on the compensation of victims by civil remedies. Criminal negligence, on the other hand, focuses on the gross deviation from standards of care, stressing protection of society, deterrence, and punishment. A comparative law examination reveals jurisdictional differences in treatment of negligence, most notably between the U.S. and Italy, where distinct legal systems—common law versus civil law—translate into different methods of approaching medical malpractice. The overlap between tortious and criminal negligence is examined, explaining how the same actions can give rise to both civil liability and criminal prosecution, with practical examples such as Donoghue v. Stevenson and R v. Adomako. These case law landmarks illustrate the real-world application of negligence concepts and highlight how greatly, depending on the legal sphere, the consequences differ—punishment versus compensation. In conclusion, this study concludes that whereas Law of Torts's concept of negligence aims at compensating victims, criminal negligence is a means of public protection and deterrence with complex implications across different legal regimes. The necessity for a context-sensitive solution to overlapping doctrines of negligence is highlighted, especially in industries such as healthcare and transportation, where negligence has far-reaching civil and criminal implications.
233- 246
© Airo Journals 2021
