I believe that we all have heard news about allegations regarding to Negligence from time to time; either it is resulted in physical damage or/ and financial loss. Have you ever questioned on how Negligence is defined in our legal system when we learn from the news every time?
The following questions may resolve your doubts on this matter:
1) What is the definition of Negligence?
Negligence is defined as the person who does not intend harmful results of his or her act, but perform an act which he or she knew or ought to have known would cause harm.
2) What elements should be considered in the act of Negligence?
1) Wrongful conduct of the defendant;
2) Causation of harm by the wrongful conduct; and
3) Harm to the plaintiff.
Note: The act of Negligence will be established when three elements are met.
3) How is Wrongful Conduct of the Defendant defined in the act of Negligence?
The wrongful conduct consists of a failure to take the necessary care not to cause harm in the specific circumstances. In other words, wrongful conduct of the defendant is caused by the breach of duty of care of that person.
In order to determine whether there is a duty of care on the defendant, two questions has to be confirmed:
i) Was there a reasonably foreseeable risk of injury to others involved in the
defendant's activity? YES
ii) Was there anyone close enough to the defendant to be affected by the
defendant's activity? NO
Then, next step is to find out what a reasonable person will usually respond or act in that similar situation, which is called the Standard of Care. The reasonable person means that the person has reasonable skill in the activity and acts with ordinary intelligence and prudence at all times, although not necessary has to be perfect.
4) How can causation of harm by the wrongful conduct be understood in the act of Negligence?
There should be a true connection established between the harm and the wrongful conduct. If the causation is too remote, the defendant will not be held liable.
5) What is considered as Harm to the Plaintiff in the act of Negligence?
The plaintiff must prove real harm caused by the defendant's wrongful conduct. "Actual harm to a legally recognized interest" includes the integrity and safety of a person's own body, personal possessions, reputation and real property.
6) When is Contributory Negligence applicable to the act of Negligence?
When a plaintiff is injured partly by the negligence of the defendant and partly by his own fault or failure to take care of the situation. The court will then divide responsibility for injury between the defendant and the plaintiff in order to award damages that reflects the defendant's percentage of responsibility.
More real examples will be given in the act of Negligence in the near future. Stay tuned!
Disclaimer: This information is not intended to be construed as a legal advice, but strictly for information only in this entire website. Please contact Trustworthy Legal Service for your independent legal advice in your particular situation. The first consultation is also required prior to my retainer of your case.
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