What is a legal term that describes a failure to perceive a substantial and unjustifiable risk?

The term that describes a failure to perceive a substantial and unjustifiable risk is negligence. This concept is fundamental in tort law, where it refers to a situation in which an individual does not exercise the level of care that a reasonably prudent person would in similar circumstances. The key component of negligence lies in the failure to recognize a significant risk that may lead to harm, resulting in liability when that harm occurs.

Negligence encompasses a breach of duty that directly causes injury or damage, and it focuses on the actions (or inactions) of individuals that fall short of the legal standards established for safe conduct. The idea is that individuals are expected to take certain precautions to prevent harm to others, and failing to do so constitutes negligence when such failure leads to foreseeable consequences.

In contrast, malpractice generally refers to negligence in professional services, and intention pertains to actions taken with a purposeful desire to bring about a particular outcome, such as an assault. Assault itself involves the intent to cause fear of imminent harm, rather than a failure to perceive risk. Thus, the nuances in the definitions of these terms underscore why negligence is the appropriate choice in this context.