Actionable negligence is an omission of an act that results in an accident. An example of this would be if the shopping center floors are mopped and a sign is not put up cautioning of a 'wet floor.' If someone were to slip on the floor in the absence of the sign, the shopping mall would be responsible and would have committed actionable negligence. Punitive damages can be attached to actionable negligence as well as actual damages.
The elements that make up actionable negligence are:
The breach of a duty that should be undertaken as a result of neglect or carelessness is considered actionable negligence. This means that due to not taking action of some kind, the person or business is negligible.