Negligence
Negligence, in legal terms, refers to a situation where an individual or entity has failed to act with reasonable care, resulting in harm or injury to another person. Negligence is a fundamental legal concept that is essential in many areas of the law. In this article, we will explore the definition, elements, and examples of negligence.
What is Negligence?
Negligence is a legal concept that refers to a situation where an individual or entity fails to act with reasonable care and causes harm or injury to another person. Under the law, everyone has a duty to act with reasonable care toward others, and if they fail to do so, they can be held liable for damages.
Elements of Negligence
To prove negligence, several elements must be met, including:
1. Duty of Care: The defendant must owe a duty of care to the plaintiff.
2. Breach of Duty: The defendant must have breached their duty of care by acting carelessly or recklessly.
3. Causation: The defendant's breach of duty must have caused harm or injury to the plaintiff.
4. Foreseeability: It must have been foreseeable that the defendant's actions would result in harm or injury to the plaintiff.
Examples of Negligence
Examples of negligence include a doctor failing to diagnose a condition, a driver running a red light and causing an accident, or a business failing to properly maintain its premises, resulting in injury to a customer. Negligence can occur in any situation where an individual or entity fails to act with reasonable care, resulting in harm or injury to another person.
Defenses Against Negligence
Defenses against a claim of negligence may include arguing that the plaintiff was partially or wholly responsible for their own injuries or that the defendant acted with reasonable care and did not breach their duty of care.
Comparative and Contributory Negligence
In some jurisdictions, the doctrine of comparative negligence may apply, which means that each party's negligence is weighed in the determination of liability. In other jurisdictions, contributory negligence may apply, which means that if the plaintiff was also negligent in any way, they may be barred from recovering damages.
Conclusion
Negligence is a fundamental legal concept that is essential in many areas of the law. Understanding the elements and examples of negligence can help individuals and businesses take appropriate precautions to prevent harm or injury to others and avoid potential legal liability. Seeking legal advice and understanding liability risks can also help mitigate the risk of negligence and protect individuals and entities from potential legal consequences.
WHAT DOES IT MEAN TO BE NEGLIGENT?
WHAT IS NEGLIGENCE?
NEGLIGENCE is a cause of action that a plaintiff may assert in a civil tort case against a defendant. In order to meet a prima facie (on its face) case for NEGLIGENCE a plaintiff must prove four (4) elements:
That there was a DUTY on the part of the defendant to conform to a certain standard of conduct.
That that defendant BREACHED THAT DUTY
The breach of duty was, not only the actual cause, but the proximate cause of injury
There are damages
WHAT IS THE STANDARD OF CARE
The standard of care that is used in NEGLIGENCE cases is that of the REASONABLY PRUDENT PERSON. It is an objective view. In other words the question is NOT whether the defendant thought he/she was acting reasonably BUT whether an ordinary person on the street would have deemed that reasonable.
The standard of care, for NEGLIGENCE actions, IS NOT concerned with mental deficiencies. According to tort law incompetence is not an excuse. An individual with an IQ well below average is still held to the standard of the reasonably prudent person for a normal IQ. Physical deficiencies take on a different standard though. Physical attributes and deficiencies are measured by the reasonably prudent person with that condition. Someone who is blind will be measured against the reasonably prudent blind person. A person who is a master rifleman will be measured against the reasonably prudent person with the same skills, eyesight, etc. as a master rifleman.
There are other standards of care that are frequently used in NEGLIGENCE actions. These include children, common carriers (innkeepers, airlines, etc.), and professionals.
WHAT IS THE DIFFERENCE BETWEEN ACTUAL AND PROXIMATE CAUSE?
In a NEGLIGENCE action the plaintiff should find that finding (1) duty; (2) breach of duty; and (3) damages are straightforward. The question that remains is: what is the difference between actual and proximate cause?
In a NEGLIGENCE action the plaintiff must prove that the defendant was BOTH the actual and proximate cause of the injury. The definition of ACTUAL CAUSE is that "if not for the action by defendant the injury would not have occurred." It is easier to think of this as the "But for" test. "But for Dana leaving her skateboard on the steps Peter would not have slipped on it and broken his leg." Here the leaving of the skateboard on the steps was the actual cause of Peter's injury.
Not only does the NEGLIGENT actions by the defendant need to meet the "but for" test for actual cause but it must also be the PROXIMATE CAUSE, also known as legal causation. In order for the proximate cause prong to be met the defendant's actions must have been reasonably foreseeable. Courts are reluctant to find a defendant guilty of NEGLIGENCE when his actions, even though they were the actual cause, were interrupted by superseding, unforeseeable actions. For example, if Dana did not properly inspect her vehicle on a timely basis and failed to notice the brakes were worn she would be negligent if she hit another vehicle because of the faulty brakes. However, if a bolt of lightning caused Dana's car to accelerate into another vehicle she would not be found negligent. This is because, even though, she was negligent in maintaining the brakes the lightning bolt was an unforeseeable intervening cause.
If a Plaintiff has met the four (4) elements of a prima facie case: (1) duty; (2) breach of duty; (3) proximate and actual causation; & (4) damages then a suit in NEGLIGENCE may be successful.