An individual was authorized to come onto a construction project site. However, he was not instructed (verbally or in writing) to wear his safety gear at all times although the gear was given to him at the entrance to the premises. During the visit, he got seriously injured which resulted in having his arm amputated.

Could you please categorize this incident within the broad categorization of criminal or tort? Explain your choice. If you consider it as tort, what class of tort will this fall under? Explain your reasoning for choosing this class. Thank you!