The failure by a reasonable person to use sufficient care, diligence and skill which he required to use for the protection of others from injury or damage.
failure to exercise that degree of care which an ordinary prudent person would exercise under the same or similar circumstances
Failure to exercise the due standard of care toward others that would be shown by a reasonable or prudent person in the same circumstances; or taking action which such a reasonable person would not.
Negligence involves the failure of one party to exercise proper care towards another party and as a result, that other party has suffered an injury or loss -called "damages". Contributory Negligence refers to a situation where even though the first party has been negligent, the other has not shown sufficient care to protect him/herself and by these actions contributed to his/her own sufferings or damages.
Negligence is another term for Fault or Liability. Fault. To succeed in a claim for compensation you must prove that someone else was negligent (at fault or liable)
The omission or neglect of reasonable precaution, care, or action.
Unintentional conduct that falls below the standards established by law for the protection of others against unreasonable risk of harm. The failure of a person to exercise the care that a reasonably prudent person would exercise under similar circumstances; something that a reasonable person, guided by those ordinary considerations that ordinarily regulate human affairs, would or would not do.
A failure to use the degree of care that a reasonable person would use under the same circumstances.
A act committed negligently is an action or lack of action that someone that is exercising common sense would not do.
Failure to take reasonable care to avoid causing foreseeable harm to another and which failure caused the harm.
an unreasonable or imprudent act, but not an intentional act.
Failure to do that which an ordinary, reasonable, prudent person would do, or the doing of some act that an ordinary, prudent person would not do.
Failure to exercise the care justly expected of a reasonably prudent person.
mens rea designation where the defendant unknowingly creates an unreasonable risk which causes some prohibited harm. Compare with reckless.
Fault. To win your claim you must prove that the other driver was at fault. Drivers owe other drivers a duty of care.
responsibility; having caused an injury.
The failure to exercise due care for the safety and welfare of others; failure to exercise that degree of care which, under the circumstances, a reasonable person would take.
The failure to act as a prudent and reasonable person would under similar circumstances.
Failure to exercise a reasonable degree of care in relation to others, exposing them to risk of harm or injury. It has set criteria in law.
A legal doctrine providing that one may be liable to another if the following four conditions are met: one person owes a legal duty to another, he or she materially breaches that duty, the breach is the proximate cause of the other's injury, and the other person suffers damages.
Negligence is committed when a person accidentally fails to exercise reasonable care in particular circumstances, which results in injury or damage to someone else or their property.
A legal term describing the failure to use a reasonable degree of care that an ordinary person, given similar circumstances, would use. Liability insurance covers you in cases of negligence.
A tort, a civil wrong not based upon a contract. It is the failure to act as a reasonable and prudent person would have done in similar circumtances, i.e. the careless invasion by one party of the personal or property rights of another party.
Failure to exercise that degree of care that an ordinarily careful and prudent person would exercise under the same or similar circumstances which results in injury or damage. Class
The failure, through omission of act, to perform as a reasonable, ordinary and prudent person would perform. Consideration is given to the specific situation, circumstances and knowledge of the parties involved.
carelessness usually resulting in a negative outcome You can be sued for negligence in a building project even if your failure to take an essential step was unintentional. negligent (adj), negligently (adv)
shy; The lack of care; the failure to perform an established duty or the failure to show the degree of care require by the situation which results in injury. Also, the failure to do something which a reasonable, prudent person would have done.
Failure to act with the legally required degree of care for others, resulting in harm to them.
Failure to act in a manner that is reasonably prudent; failure to exercise the appropriate degree of care under given circumstances.
The absence of ordinary care.
failure to act with the prudence that a reasonable person would exercise under the same circumstances
The failure, through omission or commission, to act as an ordinary, reasonable and prudent person would act. Consideration must be given to the specific situation, the circumstances and the knowledge of the parties involved.
Failure to use the standard of care that a reasonably prudent person would exercise in a similar circumstance.
Negligence generally means that a person's conduct falls below a legally recognized standard of taking reasonable care under the circumstances. It may develop from carelessness or thoughtless conduct, or a failure to act when a reasonable person under the same circumstances would have so acted. Negligence is the basis for liability in the majority of serious injury lawsuits. The essential elements of actionable negligence are the existence of a duty in the face of a foreseeable danger owing to the injured party, a breach of that duty, injuries proximately resulting from that breach and damages.
Failure to do what a reasonably prudent individual would ordinarily do under the circumstances of a particular case, or doing what a prudent person would not have done. The failure to exercise that degree of care that the law requires to protect others from an unreasonable risk of harm. Negligence may involve acts of omission, commission, or both. Lack of due care. Breach of duty owed.
the failure to do something which an ordinary, reasonable, and prudent person under like circumstances would do, or the doing of something which an ordinary, reasonable and prudent person under like circumstances would not do.
The act or condition of failing to do something or doing something improperly that may result in injury or damage to a person, personal property, or an environment. Negligence may result in liability.
Flagrant and reckless disregard of the safety of others. Willful indifference.
Failure to be sufficiently careful in a matter in which one has a moral responsibility to exercise care is negligence.
The failure to exercise the proper degree of care required by a prudent person.
A failure to conform your conduct in a situation to the level of care expected of the hypothetical reasonable person, where that failure is the proximate cause of injury to another.
To establish Negligence in the legal sense it is necessary to prove that the defendant owed the claimant a duty of care and that he breached that duty by failing to observe the standards of the reasonable person. If the claimant succeeds, compensation will be in the form of damages.
Failure to use the care of a reasonably prudent person under similar circumstances. Non-admitted company. See "Admitted company."
The kind of failure to use the care that a reasonable individual would have used under the same or similar circumstances.
Carelessness on the part of a person, company or organisation that has brought about injury or loss to another person or group of persons.
Lack of proper care and attention whereby a person acts or fails to act in a way that is considered unreasonable from a health and safety point of view
Failure to exercise the care that a prudent person normally exercises. Helps to determine liability. Commonly known as 'at fault'.
The breach of a duty of care owed by one party to another causing damage and loss
The lack of reasonable care that is required to protect others from the unreasonable chance of harm.
The committing an act which a person exercising ordinary care would not do under similar circumstances definition - or the failure to do what a person exercising ordinary care would do under similar circumstances.
Failure to exercise reasonable care or caution, resulting in another person being subjected to harm or unwarranted risk of harm; also failure to fulfill responsibility that is necessary to protect or help another.
is the legal term meaning that a person was legally at fault for causing another person′s injury.
The tort which protects people and their property from the careless behavior of other members of the community. To succeed in an action of negligence, the complainant or the plaintiff must prove that the defendant: (a) owed to the complainant or the plaintiff a duty to take care, (b) failed to observe that duty, and (c) caused the complainant or the plaintiff to suffer damages as a consequence. Click here to go back to the glossary. If you entered from another page click your web browsers "back" button
Failure to exercise ordinary care or caution.
a person's carelessness (that is, failure to use ordinary or reasonable care) that results in injury to another person or damage to another person's property.
An act or failure to act as an ordinary prudent person in the performance of duties.
Failure to exercise care, resulting in injury to others or damage to property.
The failure of someone to act as a reasonable person would under similar circumstances when it was foreseeable that their conduct could cause injury to another. This requires people and businesses to use reasonable care in the management of their property, vehicles, animals, actions and business operations.
The omission to do something which a reasonable and prudent person would in similar circumstances have done, or doing something which a reasonable person in such circumstances wouldn't do.
In order to claim personal injury another party must be responsible in law or at least partly responsible for the actions that led to the injury being sustained. This may be because they have been plainly negligent and perhaps because they are in breach of some statutory duty owed to you. Negligence involves breach of a duty of care owed to you by the other party. The injury / loss must have been sustained as a direct result of the breach and it have been foreseeable that it would occur given the particular circumstances. See the groundbreaking case of Donoghue v Stevenson (1932).
failure to exercise the care toward others which would reasonably be expected of a person in the circumstances, or taking action which a reasonable person would not.
omitting to do something which a reasonable person in similar circumstances would have done, or doing something which a reasonable person in such circumstances would not have done.
The failure of a person to use that degree of care in a given situation which by law one is obligated to use in order to protect the rights and property of others.
An unreasonable or imprudent act resulting from carelessness, ignorance, thoughtlessness or inaction, but never the intention of an individual. Before a court awards to an injured party for the negligent act of another, four elements of negligence must be present at the same time: 1) There must have been a duty by one party to protect the other party or the other parties property; 2) There must have been a failure to live up to that duty; 3) An actual injury to a person or property must have taken place; 4) The failure to exercise the proper degree of care must be the proximate cause of the injury or damage.
Failure of reasonably expected precautions and safety.
is the omission to do something which a reasonable man, guided by those ordinary considerations which ordinarily regulate human affairs, would do, or the doing of something which a reasonable and prudent man would not do.
In its broadest sense, carelessness. More precisely, conduct which falls below the standard of care established by law for the protection of others against unreasonable risks of harm. In order to prevail in a negligence action, the plaintiff must prove, by a preponderance of the evidence, the following four elements: (1) that the defendant owed the plaintiff a duty of care; (2) that the defendant breached that duty; (3) that the defendant's breach of his or her duty of care caused the plaintiff's injury; (4) that the plaintiff suffered injury.
A deviation from the standard of care that a reasonably prudent person would have exercised under the same circumstances.
The failure to exercise the care that an ordinary prudent person would exercise: either doing that which a prudent person would not do, or failing to do that which a prudent person would do.
Failure to exercise reasonable care toward others, or performing actions which a reasonable person would not. Negligence is accidental as opposed to intentional wrongs or crimes. Negligence can result in many types of accidents including personal injury and injury to property. To claim damages for negligence the injured party (plaintiff) must prove: 1) the negligent party had a duty to the injured party or to the general public, 2) the defendant's actionst were not those of a reasonable person 3) the damages were caused by the negligence. In Alabama, Maryland, North Carolina, South Carolina, Tennessee, Virginia, and the District of Columbia, the injured party will be denied damages if they contributed in any way to the negligence. This is called contributory negligence, and many regard this as unfair. In all other states this rule has been replaced by "comparative negligence" where the degree of negligence by the injured party is taken into consideration. Negligence is a major source of litigation in the United States.
When a defendant's conduct imposes an unreasonable risk upon another, which results in injury to that person.
Failure to execute a reasonable degree of care or caution to reduce the chances of a perilous occurrence occurring.
Intentional failure to carry-out the expected care in a determined situation.
Failure to exercise a generally accepted level of care and caution.
An act or omission in which there is a failure to use the ordinary care that a prudent person ought to use under the circumstances. Negligence can cause or create a legal liability.
Imprudent action or omission which may cause injury, damage or loss.
The failure to use the care that a reasonable, prudent person would have taken under the same or similar circumstances.
Failure to take reasonable care to avoid foreseeable harm to other people or their property.
A failure to make a reasonable attempt to comply with the tax law or to exercise ordinary and reasonable care in preparing a return. Negligence also includes failure to keep adequate books and records. You will not have to pay a negligence penalty if you have a reasonable basis for a position you took.
Failure of a person to perform as a reasonable and prudent professional would perform under similar circumstances.
involves a personâ€(tm)s failure to act as a reasonable person would act in similar circumstances, giving rise to anotherâ€(tm)s injury or harm. All citizens have a duty to ensure that their actions do not cause harm to others. To talk over and arrange terms to form a contract is negotiated agreement.
A failure to use the degree of care that a reasonable person would use, given a set of circumstances.
Failure to do what a reasonable, careful, conscientious person is expected to do; doing something that a reasonable, careful conscientious person would not do.
a person with a duty acting towards another with a lack of care reasonably expected
Failure to use the standard of care a reasonable person would use in any given situation.
Failure to use care which a reasonable and prudent person would use under similar circumstances.
The failure to use ordinary or reasonable care under the circumstances.
Failure to use that degree of care which an ordinary person of reasonable prudence would use under the given circumstances. Negligence may be constituted by acts of either omission or commission or both.
(1) Breach of a duty of care owed to a person and causing damages to such person. (2) Failing to act as a reasonable person should have acted under the same circumstances. A type of tort that is unintentional.
Failure to use that degree of care which a reasonable person would use under the same circumstances. See also comparative negligence and contributory negligence.
An employer can be sued for compensation for industrial disease or injury but, for an action of negligence to succeed, it has to be proved that the job actually caused the disease, it could have been prevented by the assessment and monitoring of working conditions and that a good employer would thus have prevented it.
Failure to use that degree of care that an ordinary person of reasonable prudence would use under the given or similar circumstances. A person may be negligent by acts or omissions or both.
A party's failure to exercise a sufficient degree of care owed to another by law.
A failure to exercise a level of care that could result in injury, death or loss of or damage to property.
The lack of due care or failure to act reasonably on the part of a person or corporation. For example, if a driver runs a stop sign - then the driver has been negligent in his failure to drive in a reasonable and acceptable manner.
Failure to exercise a reasonable degree of care, resulting in an unintended injury to another party.
The failure to use such care as a reasonably prudent and careful person would use under similar circumstances.
negligence is an example of a civil wrong known as a tort and is where one person acts carelessly or in such a way that damage, injury or loss is suffered by someone to whom the person committing the act had a duty of care. In determining whether or not someone was negligent, account has to be taken of whether the actions were careless, whether a duty was owed to the person complaining of the negligence and the remoteness of the damage caused.
The failure to exercise the care, prudence, or attention to duties that the interests of the government require to be exercised by a prudent and reasonable person under the circumstances.
Everyone owes a duty to take reasonable care not to injure or cause loss to his neighbour. If he fails to do so and the neighbour suffers damage as a result, the tort of negligence has been committed. The courts are constantly considering exactly what is reasonable and who is a neighbour, and it has been said that the categories of negligence are never closed.
The failure to do something which a reasonable person, guided by ordinary considerations, would do; the doing of something which a reasonable and prudent person would not do.
Either the failure to act as a reasonable, prudent person, or the performance of an act that would not be done by a reasonable, prudent person. Back to the Top
A legal doctrine providing that one may be liable to another if (1) he or she owes a legal duty to the other; (2) he or she materially breaches that duty; (3) the breach is the proximate cause of the other's injury; and (4) the other person suffers damages.
Failure to exercise due care. When a person fails to exercise the care that a reasonable, prudent person would exercise under the same circumstances, that person is said to be negligent.
Failure to do the correct and prudent thing, whether by omission or commission, in a particular situation.
The failure to act as a reasonable person would be expected to act in similar circumstances (i.e. "negligence") will give rise to compensation. All persons have a duty to insure that their actions do not cause harm to others. Not only are people responsible for the intentional harm they cause, but their failure to take care, if it causes injury to another, can give rise to a liability suit under tort. This failure, or negligence, is always assessed having regard to the circumstances and to the standard of care which would reasonably be expected of a person in similar circumstances. Between negligence and the intentional act there lies yet another, more serious type of negligence, called gross negligence. Gross negligence is any action or an omission in reckless disregard of the consequences to the safety or property of another. See also contributory negligence and comparative negligence.
Failure to use a generally acceptable level of care and caution.
A lack of such reasonable care and caution as would be expected of a prudent person. A penalty may be assessed if any part of an underpayment of tax is due to negligent or intentional disregard of rules and regulations.
Carelessness; a lack of reasonable care.
a form of tort or breach of a legal duty of care where the victim is entitled to some form of compensation, eg damages for harm suffered.
Failure to exercise that degree of care which a reasonable person would exercise under the same circumstances.
the omission to do something that a reasonably prudent person would have done under the circumstances, or the failure to use appropriate care, where there is a duty to act or be careful.
A lack of reasonable care that results in failure to make a reasonable attempt at assessing your taxes.
The failure of a person or organization to exercise a proper degree of care in a given situation. Alternatively, it is the failure to behave as a reasonably prudent individual would behave when faced with certain circumstances.
A civil wrong causing injury or harm to another person or to property as the result of doing something or failing to provide a proper or reasonable duty of care.
Carelessness or lack of care. A person is negligent if she or he fails to act reasonably or take reasonable precautions.
A tort which arises when a person owing a duty of care to someone breaches that duty, which results in loss or damage to that person. The outcome can be an award for damages.
the failure to do something which a reasonable person would have done under similar circumstances
The omission to do something, which a reasonable person, guided upon those considerations which ordinarily regulate the conduct of human affairs would do, or something, which a prudent and reasonable man would not do.
A wrongful act giving rise to injury; alternatively, omitting to take a step which might have prevented injury.
A failure to use the same degree of care that a reasonable person would exercise under similar circumstances.
Negligence causes many different personal injuries. When a person fails to exercise care, or acts in a way that causes injury, harm, or loss. Negligence can be difficult to show, which is why a negligence lawyer is very helpful in personal injury claims.
Carelessness or the habit of failing to use a reasonable amount of care when such a failure could result in an injury or damage to another.
Failure to be as careful as one should be; Not behaving as a reasonable person would behave.
People are responsible for the intentional harm they cause. In addition, they are also responsible for their failure to act as a reasonable person would be expected to act in similar circumstances. When they do not act "reasonably", they have committed an act of negligence. If negligence causes injury to another, it can give rise to a liability suit. Between negligence and an intentional act lies yet another type of wrongdoing called gross negligence. Gross negligence is any action or omission in reckless disregard of the consequences to the safety or property of another.
Failure to do what a reasonably careful person would in the same circumstances when the result of that action — or inaction, results in a loss. Negligence is not intentional. It results from carelessness, ignorance or thoughtlessness.
Delict – breach of a pre-existing duty of care causing a loss aided by the notion of reasonable forseeability
Not only are people responsible for the intentional harm they cause, but their failure to act as a reasonable person would be expected to act in similar circumstances (i.e. "negligence") will also give rise to compensation. Negligence, if it causes injury to another, can give rise to a liability suit under tort. Negligence is always assessed having regards to the circumstances and to the standard of care which would reasonably be expected of a person in similar circumstances. Everybody has a duty to ensure that their actions do not cause harm to others. Between negligence and the intentional act there lies yet another, more serious type of negligence which is called gross negligence. Gross negligence is any action or an omission in reckless disregard of the consequences to the safety or property of another. See also contributory negligence and comparative negligence.
Exposing others to the threat of injury through the failure to take reasonable care.
Action or failure to act that is outside the realm of what would be considered appropriate by ordinary, reasonably prudent persons.
Failure to use the care that a reasonable and prudent person would have used under the same or similar circumstances.
Failure to use a certain degree of care.
Failure to exercise reasonable care to avoid injuring others or their property. Negligence includes both actions and failure to act.
Careless disregard to protect people or property from injury or damage.
an act or omission contrary to the conduct of a "reasonable person" in the same circumstances. This constitutes ordinary negligence. Most courts hold that four elements must be present: (1) a duty owed, (2) breach of duty, (3) actual loss suffered by a third party, (4) negligent act was the PROXIMATE CAUSE of the loss. (See ABSOLUTE LIABILITY, DAMAGES, GROSS NEGLIGENCE, STRICT LIABILITY, and Chapter 768, Florida Statutes)
A tort (or civil wrong) which arises when a person owes a duty of care to another which is subsequently breached with resultant loss or damage. If proven, the usual recompense is an award for damages.
A failure by a party to exercise, what is deemed as, “ordinary” or “reasonable” care in a given situation or circumstance.
The causing of injury to another by failure to use reasonable care.
Failure to use the degree of care expected from a reasonable and prudent person.
Acting in an irresponsible manner toward a specific duty
A breach in a professional's duty of care owed to a principal or third parties.
Generally defined as conduct that falls below a standard established by law for the protection of others against unreasonable risk of harm. Comparative negligence or comparative fault means a plaintiff's own negligence that proportionately reduces the damages recoverable from a defendant. Concurrent or joint negligence involves the negligence of two or more parties causing the same damage. Negligence per se is negligence established as a matter of law that renders a person absolutely liable for resulting damages.
Failing to act in what the law considers to be a reasonable manner.
The failure to use the reasonable care that a prudent person would have used under the same or similar circumstances.