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- DictionaryNeg·li·gence/ˈneɡləj(ə)ns/
noun
- 1. failure to take proper care in doing something: "some of these accidents are due to negligence"
Negligence is the failure to exercise the care that a reasonably prudent person would exercise in like circumstances. Learn the synonyms, examples, history, and legal implications of negligence from Merriam-Webster dictionary.
- Legal Duty of Care. Generally, members of society have entered a social contract that includes a duty to not cause harm to others. When considering legal duty as an element of negligence, there is a duty to act reasonably.
- Breach of Duty of Care. Some courts in the United States use the Hand Formula (created by Judge Learned Hand in United States v. Carroll Towing) to determine if there was a breach of the duty of care to the plaintiff.
- Harm to the Plaintiff. Typically, harm to the plaintiff must be either bodily harm or harm to property (personal property or real property). Harm that is solely economic usually will not satisfy this element in proving negligence.
- Proximate Cause. To satisfy proximate cause, the defendant’s breach of the duty of care must be the actual cause of the harm to the plaintiff. One way to assess proximate cause is to evaluate the foreseeability of the defendant’s actions resulting in harm.
Negligence is a failure to exercise the care that a reasonably prudent person would have under similar circumstances, leading to harm or property damage to another person. Learn how to use negligence in a sentence and browse other legal terms on Justia Dictionary.
Negligence is the fact of not giving enough care or attention to someone or something. It can also mean the failure to follow the employee guidelines, the dereliction of duty, or the corruption and neglect. See synonyms, antonyms, examples, and related words for negligence in business and legal contexts.
- Gross Negligence
- Contributory Negligence
- Comparative Negligence
- Vicarious Negligence
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When a person acts with gross negligence, they’re acting with a reckless disregard for the harmful consequences of their actions. Gross negligence is the most serious type of negligence, and a finding of gross negligence can result in a higher amount of damages. While this recklessness falls short of an actual intent to commit harm, it also goes be...
Contributory negligencerefers to the plaintiff’s own negligent actions which contributed to the injuries they sustained. It’s an all-or-nothing approach to liability that can have harsh consequences for personal injury plaintiffs. In jurisdictions where contributory negligence is allowed as a defense in personal injury lawsuits, a plaintiff could b...
To avoid the potential for harsh, unjust results in negligence cases that can happen under the pure contributory negligence approach, the majority of states have adopted the doctrine of comparative negligence. Under this doctrine, a plaintiff who’s found to be partially at fault is still entitled to compensation, but the amount is adjusted by the p...
Vicarious negligence occurs when an entity or an individual is found liable for the negligence of someone else. Also known as vicarious liability, vicarious negligence is commonly seen in the employment context, where an employer might be found vicariously liable for an employee’s negligence while on the job. For example, if a grocery store employe...
Negligence is the failure to exercise the level of care toward another person that a reasonable or prudent person would exercise under similar circumstances. Learn about the different types of negligence, the elements of negligence and how to prove negligence in personal injury claims.
Negligence is the quality, fact, or result of being negligent; neglect. It can also mean the failure to exercise that degree of care that the law requires for the protection of others. See synonyms, origin, and examples of negligence in different contexts, such as law, business, and media.
Negligence is the fact of not giving enough care or attention to someone or something. It can also mean the failure to do something you should, or the failure to follow the employee guidelines. See synonyms, antonyms, examples and related words for negligence in different contexts.
