Posts Tagged ‘ Negligence ’

How Negligent! (Using “Negligence” Incorrectly)

December 9th, 2009. By Kristine B

We’ve all heard the word “negligence” to describe someone’s actions or used as justification for a lawsuit. And we all probably even know some individuals we’d refer to as “negligent”. But, do you really know what negligence is and how it applies to the law? This week, Pleading Ignorance examines negligence: what it is, what it’s not and how it applies to the law. 

What is Negligence? 

Negligence is a person’s failure to use reasonable care. This can take two forms: either the failure to take action that a reasonable person would do, or doing something that a reasonable person would not do. In both cases, the responsible party’s actions result in some form of harm either to another person or to another person’s property. 

Both types of negligence can be seen in your average car crash. In the first—failure to take action that a reasonable person would—a negligent person might not ensure his vehicle is properly equipped with tires suited for extreme weather. Or, the negligent person might know that his vehicle is unsafe but not take his vehicle in for the proper repairs. 

In the second type of negligence—doing something a reasonable person would not do—the negligent person might continue to drive too fast for extreme weather conditions. Or, she might Read the rest of this entry »

Tags: Negligence, Pleading Ignorance
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