What is Negligence?
Negligence is defined as a legal term classifying a nature of behavioral accountability with regard to any or all injury, damage, or harm sustained by an individual as a result of the actions of another individual; Negligence typifies an implicit failure on the part of the accused individual to maintain and uphold operations, behavior, or protocol with regard to an activity or operation in which they are legally-permissible to perform or participate – a victim of Negligence will typically have sustained a varying nature of harm, injury, or damage as a result of Negligence.
Negligence vs. Recklessness
Recklessness involves the unsafe or unlawful operation of – or participation in – an otherwise legal activity. In contrast with recklessness, the examination of Negligence does not quantify personal ability or capability; conversely, a claim of negligence is merely applied in order to determine culpability within an event in which an individual sustained damage or injury – the act presumed to result from negligence typically exists without the presumption of recklessness or malicious intent. In the case of a driving offense, the contrast between negligence and recklessness can be elucidated:
Traffic accidents that occur as a result of reckless abandon are classified as recklessness; this can include the unlawful use of a cellphone while driving, reckless driving, or driving while under the influence of illegal drugs, alcohol, or controlled-substance – within a charge of recklessness, the expressed risk of that behavior is presumed to be in the mind of the individual partaking in the reckless behavior in question
Traffic accidents that occur as a result of negligence involve events on which the terminology ‘accidental’ is applicable; the fault of the accident is presumed to belong to the negligent party, but the events transpired without reckless, careless, or expressly-unlawful behavior
Negligence and Civil Law
Wrongful Death is a legal charge that can be applied to individuals who have been acquitted of a murder or manslaughter charge within a criminal court; however, that same case can be brought before a civil court in order to attempt a conviction of wrongful death.
A wrongful death conviction results in neither criminal restitution nor a subsequent murder or manslaughter charge, but may render financial restitution upon a conviction of the wrongful death of an individual resulting from presumed negligence on the part of the defendant.
Negligence and Employment Law
Workplace Accidents that may result from negligence require the examination of insurance coverage, safety hazards, as well as negligentoperation of applicable equipment.
In order to avoid accidents resulting from negligence, the adherence to safety requirements with regard to the surrounding environment – as well as the site of employment – are the responsibility of an employer. Injuries and damage sustained as a result of the failure to adhere to safety protocol is one of the primary causes of accidents in the workplace:
Accidents resulting from unintentional and legal activity can be qualified as Negligence; in many cases, employees injured with regard to the respective involvement in such accidents may be able to retrieve compensation
Accidents resulting from the improper usage of equipment – in addition to purposefully-irresponsible and dangerous activity – will rarely be awarded compensation.