Negligence

Negligence Overview

Negligence is fundamentally understood as the failure to exercise reasonable care, leading to harm or injury to another party. It encompasses a range of behaviors and the legal framework surrounding negligence establishes how individuals and entities are held accountable for their failures to uphold this duty of care.

Definition of Negligence

According to the English dictionary, negligence refers to the "failure to take proper care in doing something." In legal terms, it signifies a failure to exercise the level of care that a reasonable person would in similar circumstances.

• Mental State: It is important to note that negligence is regarded as conduct rather than a mental state. It refers to an action that poses an unreasonably great risk of causing damage.

• Legal Duty: This involves a duty owed by the defendant to the plaintiff, a breach of that duty through careless conduct, whether by act or omission, and the consequent damages or injuries suffered by the plaintiff.