July 22, 2015 | Legal Dictionary | Social Share
Negligence is one of many terms that people use broadly in everyday conversation, but it carries a specific meaning when used in reference to the law. It is defined as a failure to behave with the level of care that an ordinary or reasonable person would exercise in a similar circumstance.
Proving negligence is key to winning a personal injury lawsuit. It is often accidental, although extreme or gross negligence is, in many cases, criminal in nature.
Negligence and Liability
The primary factors determining whether a negligent party is liable for the damages caused by their negligence include:
- Whether the action or inaction lacks reasonable care
- The foreseeable severity of any harm that may result
- The burden of precautions to reduce or warn of the risk of harm