Which statement best defines negligence?

• A. The defendant is aware of a risk and consciously disregards it.
• B. The defendant should have been aware of a substantial and unjustifiable risk.
• C. The defendant intends to cause physical injury.
• D. There is no duty of care.

Answer: (B)

Negligence is about failing to meet the ordinary standard of care expected of a reasonable person. The statement that the defendant should have been aware of a substantial and unjustifiable risk captures that objective standard: if a reasonable person would recognize a significant risk and avoid it, failing to do so constitutes negligence. This is different from intending to cause harm, which would be an intentional tort, or from conscious disregard, which describes recklessness. There is always a duty of care in negligence, so denying the existence of a duty would be inconsistent with the concept.