Negligence


Negligence is defined as a failure to exercise a reasonable or ordinary amount of care in a situation that causes harm to either a person or to property. Negligence may involve either doing something carelessly or completely failing to do something that should be done.

Negligence is an improper disregard for the safety of the person or property of another. It is the failure to exercise the care of an ordinary person. Certain basic requirements are common to all negligence cases:

  1. A legal duty was owed to the victim.
  2. There was an infringement or breach of duty to the victim.
  3. Injury (or damages) resulted.
  4. The damage was the proximate result of what the defendant did or failed to do when legally required.

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