Nonfeasance

Nonfeasance occurs when someone who is legally obligated to take a specific action or actions does not do so, and their inaction results in a personal injury or property damage.

Depending on the circumstances of the case, someone who engages in nonfeasance can be be sued and/or prosecuted in criminal court.

Nonfeasance Explained

The essence of nonfeasance is inaction. In order to prove that someone engaged in nonfeasance and is therefore liable for the resulting personal injury or property damage, there must be evidence that:

1. The accused had a legal duty or responsibility.
2. The accused failed to perform that duty or fulfill the responsibility.
3. Their failure to meet said obligation(s) or fulfill said responsibility/ies resulted in the plaintiff's or victim's injury/ies or the ensuing property damage.