An escrow agent may be considered negligent if he or she fails to practice due care and treat your claim as a judicious and prudent person would under the given circumstances. Proving this in court can be tricky. First, you must show the judge that the agent had a specific duty to you. Next, you must prove that the agent’s actions, or lack of actions, violated said duty, and that these actions, or lack thereof, caused you harm. Whether it be bodily or property, this damage must be discernible.