Negligence

Definition

Negligence is the failure to exercise due care, resulting in harm or damage to another party.

Purpose

Negligence establishes a legal basis for holding individuals or entities accountable for failing to act with the level of care that a reasonably prudent person would under similar circumstances. It is a fundamental concept in tort law.

Examples of Use

• Construction: If a contractor fails to follow safety protocols, leading to an accident, this may be considered negligence.
• Property Maintenance: A property owner who neglects to repair a known hazard, resulting in injury to a visitor, can be held liable for negligence.
• Professional Services: A professional, such as an engineer or architect, who fails to meet industry standards in their work, causing damage or loss, may be found negligent.

Related Terms

• Duty of Care: The legal obligation to exercise a level of care to avoid harm to others.
• Breach of Duty: A violation of the duty of care, constituting negligence.
• Tort Law: The area of law dealing with civil wrongs, including negligence.

Notes

• Proof of Negligence: To establish negligence, it must be shown that the defendant had a duty of care, breached that duty, and caused harm as a result.
• Consequences: Negligence can result in legal liability, requiring the negligent party to compensate the injured party for damages.