negligence

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negligence,

in law, especially torttort,
in law, the violation of some duty clearly set by law, not by a specific agreement between two parties, as in breach of contract. When such a duty is breached, the injured party has the right to institute suit for compensatory damages.
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 law, the breach of an obligation (duty) to act with care, or the failure to act as a reasonable and prudent person would under similar circumstances. For a plaintiff to recover damagesdamages,
money award that the judgment of a court requires the defendant in a suit to pay to the plaintiff as compensation for the loss or injury inflicted. Damages are the form of legal redress most commonly sought.
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, this action or failure must be the "proximate cause" of an injury, and actual loss must occur. Among possible defenses to a negligence action are that the plaintiff assumed the risk of injury (e.g., of being hit by a batted ball at a baseball game), or that the plaintiff brought on the injury by his or her own negligence. Most negligent acts are inadvertent; between them and fully intentional acts lie forms of conduct variously termed willful, wanton, or reckless. Deliberate judgments that are dangerously careless (e.g., faulty building design) may, however, be considered acts of negligence.

The obligation to act with care may arise out of a relationship established by contractcontract,
in law, a promise, enforceable by law, to perform or to refrain from performing some specified act. In a general sense, all civil obligations fall under tort or contract law.
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, as in the duty assumed by a common carrier (e.g., a railroad) in preserving goods and passengers from damage or injury. But the law also supposes that all persons in the ordinary course of conduct have a duty to avoid inflicting injuries on others. In all noncontractual situations this duty is to act as a "reasonable, prudent person" would act. Injury that results despite such conduct or from circumstances beyond human control (see, e.g., act of Godact of God,
in law, an accident caused by the operation of extraordinary natural force. The effect of ordinary natural causes (e.g., that rain will leak through a defective roof) may be foreseen and avoided by the exercise of human care; failure to take the necessary precautions
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) is not compensable, although the doctrine of strict liabilityliability,
in law, an obligation of one party to another, usually to compensate financially. It is a fundamental aspect of tort law, although liability may also arise from duties entered into by special agreement, as in a contract or in the carrying out of a fiduciary duty.
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 makes those engaged in certain trades and services liable despite non-negligent conduct.

It is usually the function of a jury to determine whether negligence occurred, and the obligation of the plaintiff to demonstrate the defendant's negligence by a preponderance of the evidence. On the other hand, in cases where due care must have been absent (e.g., where a drink bottled at the defendant's plant contains a dead mouse), the judge may apply the doctrine of res ipsa loquitur [Lat.,=the thing speaks for itself] and rule that there was negligence as a matter of law; this obliges the defendant to demonstrate the absence of negligence. In cases where both parties share responsibility for negligence, the law allows reduced damages based on the doctrine of comparative negligence. Thus, a driver who ignored a red light might not recover fully for an injury caused by another driver who was speeding through the intersection; responsibility might instead be assigned, for instance, as belonging 70% to the speeder and 30% to the ignorer of the traffic signal, whose damages for injury would be limited by subtraction from a full recovery.

Negligence law has been of great importance to consumer groups, who have won huge awards of actual and punitive damages, especially from the manufacturers of various goods. In the 1990s business groups and their congressional allies have pushed for federalization of U.S. negligence law, with statutory limitation of forms of damages, arguing that almost all commerce is now interstate and that the threat of large damage awards has been inhibiting American enterprise. Opponents respond that negligence has historically been one of few legal actions useful to the relatively powerless in American society, and that business has not suffered as it claims.

At common lawcommon law,
system of law that prevails in England and in countries colonized by England. The name is derived from the medieval theory that the law administered by the king's courts represented the common custom of the realm, as opposed to the custom of local jurisdiction that
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, the right to recover for negligence belonged to the injured party only; his or her death terminated a lawsuit, and heirs might not recover. Today, all jurisdictions have statutes permitting heirs to bring suit for wrongful death and for injuries to the deceased. Negligence claims are the chief source of modern civil litigation. Most cases arise from vehicular traffic accidents; the widespread adoption of no-fault insuranceno-fault insurance,
type of indemnity plan, usually applied to automobile coverage, in which those injured in an accident receive direct payment from the company with which they themselves are insured.
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 may, however, reduce the role of negligence law in the future. Besides its civil aspects, negligence may also be an aspect of a criminal prosecution, if it results in manslaughtermanslaughter,
homicide committed without justification or excuse but distinguished from murder by the absence of the element of malice aforethought. Modern criminal statutes usually divide it into degrees, the most common distinction being between voluntary and involuntary
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 or if it is a serious breach of a public duty (e.g., carelessness by the engineer of a train). In medical, psychotherapeutic, legal, and other professional relationships, negligence, which is measured against generally accepted knowledge and practice standards, is called malpracticemalpractice,
failure to provide professional services with the skill usually exhibited by responsible and careful members of the profession, resulting in injury, loss, or damage to the party contracting those services.
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.

negligence

Failure to exercise that degree of care which a reasonable and prudent person would exercise under the same circumstances.

negligence

Law a civil wrong whereby a person or party is in breach of a legal duty of care to another which results in loss or injury to the claimant
References in periodicals archive ?
Under Ohio law, insurance agents may be liable for negligent procurement if, as a result of "negligent failure to perform the obligation to procure insurance," the other party to the insurance contract suffers a loss due to a lack of insurance coverage that should have been contemplated by the agent.
The court had found Rana guilty of rash and negligent driving and causing injuries leading to death of a pedestrian.
In response, Bryant Bank argued an appraisal report could serve as the basis of a negligent misrepresentation claim under Alabama law because the Appraiser conducted the appraisal for Bryant Bank and owed a duty to Bryant Bank.
Our grassroots movement is working to change laws pertaining to negligent shootings at the state level, and ensuring adults are held accountable for shootings that result from not safely storing their firearms.
In cases when a card has been left behind a bar during a holiday, the ombudsman may find that even if the card holder has been ripped off, they have been negligent about taking care of their card.
Be that as it may, Barnwell clarifies the problem at hand by noting three different classes of negligent omissions, each requiring its own particular, but related, solution.
City Traffic Officer, (CTO) Superintendent Police (SP) Syed Ishtiaq Shah told that strict action is being taken against those found indulged in rash and negligent driving and the one-wheelers.
Chiu's "motion in limine" to dismiss Vanloan's cause of action for negligent maintenance.
To prove negligent hiring, the victim must show: 1) The employer was required to make an appropriate investigation of the employee and failed to do so; 2) an appropriate investigation would have revealed the employee was unsuitable for the job; and 3) it was unreasonable for the employer to hire the employee in light of the information the employer knew or should have known.
Accordingly, the court answered the first certified question in the negative, that the dismissal of the claims for negligent and intentional spoliation with leave to replead did not become final upon Jenel's voluntarily dismissal and was not a res judicata bar, nor did her failure to replead constitute abandonment of those allegations as contended by the defendants.
The negligent entrustment concept may make companies responsible for their employee's behind-the-wheel behavior.
In a landmark High Court ruling last July, Corby Borough Council was found negligent in its management of toxic waste at the former steelworks.