negligence

Definition of negligence in English English dictionary: The state of being negligent; The breach of a duty of care: the failure to exercise a standard of care that a reasonable person would have in a similar situation; The tort whereby a duty of reasonable care was breached, causing damage: any conduct short of intentional or reckless action that falls below the legal standard for preventing unreasonable injury; omission of that which ought to be done; {n} a habit of acting carelessly, folly; The neglect or omission of reasonable precaution or care; If someone is guilty of negligence, they have failed to do something which they ought to do. The soldiers were ordered to appear before a disciplinary council on charges of negligence. failure to take enough care over something that you are responsible for. In law, failure to exercise the degree of care expected of a person of ordinary prudence in protecting others from a risk of harm. It may render one civilly and sometimes criminally liable for resulting injuries. The doctrine of negligence does not require the elimination of all risk, but rather only foreseeable and unreasonable risk. Thus a higher standard applies to explosives manufacturers than to manufacturers of kitchen matches. The plaintiff must ordinarily prove the defendant's negligence with a preponderance of evidence. See also contributory negligence; The failure to use the care that a reasonable and prudent person would have used under the same or similar circumstances; A legal concept which means that an individual failed to act in a reasonable and prudent manner in a situation where he or she had a duty to another person or the public A person who is negligent is responsible for the damages the action or failure to act causes unless some defense is available; Failure to use that degree of care which an ordinary person of reasonable prudence would use under the given or similar circumstances A person may be negligent by acts of omission or commission or both (G); failure to act with the prudence that a reasonable person would exercise under the same circumstances the trait of neglecting responsibilities and lacking concern; A specialist is bound to higher skill and diligence in his specialty than one who is not a specialist, and liability for negligence varies acordingly; A fault standard in libel and other tort law Negligent behavior is normally described as an act or action that a reasonably prudent person or a reasonable individual would not have committed In libel law, courts often measure negligence by asking whether the allegedly libelous material was the work of a person who exercised reasonable care in preparation of the story; 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; – 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 Back to Top; The omission of the care usual under the circumstances, being convertible with the Roman culpa; An act or instance of negligence or carelessness; 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; Failure to use care which a reasonable and prudent person would use under similar circumstances; General Failure to use that degree of care which an ordinary person of reasonable prudence would use under the given or similar circumstances A person may be negligent by acts of omission or commission or both; failure to act with the prudence that a reasonable person would exercise under the same circumstances; The failure to do something which a reasonable person, guided by ordinary considerations would do; or the doing of something which a reasonable and prudent person would not do; The failure to use ordinary or reasonable care under the circumstances; The failure to use such care as a reasonably prudent and careful person would use under similar circumstances; 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; The quality or state of being negligent; lack of due diligence or care; omission of duty; habitual neglect; heedlessness; Failure to be sufficiently careful in a matter in which one has a moral responsibility to exercise care is negligence Some careless mistakes are negligent, as when a surgeon sews up a patient with surgical instruments inside Others are not, as when one dribbles soup down the front of one's sweater A private or civil wrong or injury is called a tort, the prosecution of which tries to recover for a loss caused by someone's failure to fulfill a recognized duty owed to another, or by acting with less care than a reasonably prudent person would do under the same circumstances; The failure to exercise a standard of care that a reasonable person would have in a similar situation; any conduct short of intentional or reckless action that falls below the legal standard for preventing unreasonable injury; - 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; 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; {i} neglect; disregard, carelessness; failure to provide the necessary provision for (Law); Failure to exercise the care that an ordinarily prudent person would exercise in the same circumstances; Failure to exercise the degree of care that a reasonable person would exercise under the same circumstances; The failure to use the degree of care that is required by law to protect others from harm; Failure to exercise the care toward others that a reasonable or prudent person would do in the circumstances, or taking action which a reasonable person would not Negligence is accidental, as distinguished from "intentional torts" (assault or trespass, for example) or from crimes, but a crime can also constitute negligence, such as reckless driving Topic areas: Staff Development and Organizational Capacity, Accountability and Evaluation, Volunteer Management, Operations Management and Leadership; Failure, through omission or commission, to act as an ordinary, reasonable and prudent person would act Consideration must be given to the particular situation, circumstances involved, and knowledge of the parties; the trait of neglecting responsibilities and lacking concern; Failure to use the degree of care expected from a reasonable and prudent person; A failure to use the care that a reasonable person would use under similar circumstances; Action or failure to act that is outside the realm of what would be considered appropriate by ordinary, reasonably prudent persons
contributory negligence: The rule of law under which an act or omission of plaintiff is a contributing cause of injury and a possible bar to a complete recovery
criminal negligence: Failure to use reasonable care, and thus put someone at risk of injury or death
gross negligence: Negligence evincing a total or near total disregard for the rights and welfare of others and for the consequences of an act
negligently: {a} carelessly, heedlessly, remissly
cause death by negligence: cause another's death because of carelessness
causing death out of negligence: deviance from a behavioral standard of a physician which resulted ultimately in death
comparative negligence: (law) negligence allocated between the plaintiff and the defendant with a corresponding reduction in damages paid to the plaintiff
concurrent negligence: (law) negligence of two of more persons acting independently; the plaintiff may sue both together or separately
contributory negligence: Common law defense blocking an injured person from recovering damages if he or she has contributed in any way to the accident
contributory negligence: failure to take enough care to avoid or prevent an accident, so that you are partly responsible for any loss or damage caused. In law, behaviour that contributes to one's own injury or loss and fails to meet the standard of prudence that one should observe for one's own good. Contributory negligence of the plaintiff is frequently pleaded in defense to a charge of negligence. In Engish law and in the law of many U.S. states, if the plaintiff is shown to have contributed through negligence to his own injury, recovery may still be allowed, but provision is made for an equitable reduction of damages. Contributory negligence has been criticized by some authorities because it effectively excuses one party (the defendant) even though both were negligent
contributory negligence: Failure by a person who has been injured through the fault of another to have taken reasonable care for his/her own safety, so that he/she can be said to have contributed to the damage sustained Formerly a plaintiff guilty of contributory negligence could not law recover damages against the defendant, but damages may now be recovered on a reduced scale according to the degree of negligence contributed Personal injury in the workplace may also be compensated through workers compensation
contributory negligence: Negligence of the damaged person that helped to cause the accident Some states bar recovery to the plaintiff if the plaintiff was contributorily negligent to any extent Others apply comparative negligence
contributory negligence: if a person is deemed to have contributed to their own injury then, even if a third party can be blamed for the injury, the person's own acts will be held to be partly responsible and may affect the level of damages a person would receive were the matter to proceed to court
contributory negligence: A legal doctrine that says if the plaintiff in a civil action for negligence also was negligent, he or she cannot recover damages from the defendant for the defendant's negligence Most jurisdictions have abandoned the doctrine of contributory negligence in favor of comparative negligence
contributory negligence: A defense to a negligence action in which it is asserted that the claimant failed to meet the standard required for his or her own protection, and that that failure contributed to the loss
contributory negligence: A doctrine which prohibits recovery of damages by a plaintiff whose own behavior contributed even slightly to the event which caused the plaintiff's injuries - as distinguished from comparative negligence
contributory negligence: The failure to exercise care by a plaintiff which contributed to the plaintiff's injury
contributory negligence: A defence claiming that the plaintiff is at least partially responsible for the harm that has occurred
contributory negligence: the negligence of the injured party which is recognized as conduct which contributed to the loss
contributory negligence: Many accidents are the fault of both parties who are involved in the occurrence The plaintiff who sues another party for damages also may be guilty of some negligence, which is a concurrent cause of the damage Such a party is guilty of contributory negligence
contributory negligence: Care-lessness of the injured person that helped to cause the accident in which he was injured
contributory negligence: A principle of law recognising that injured persons may have contributed to their own injury For example, by agreeing to be a passenger in a car being driven by someone that you know to be drunk If you are subsequently injured you may be said to have been contributory negligent
contributory negligence: The negligence of a person which, while not being the primary cause of a tort, nevertheless combined with the act or omission of the primary defendant to cause the tort, and without which the tort would not have occurred
contributory negligence: Common law defense against negligence that states that if an individual contributes to his or to her own loss in any way, then someone else cannot be held liable for the loss
contributory negligence: When both parties to a claim for damages arising from tort were at fault, neither party recovered anything This was the historic common law rule of Butterfield v Forrester, (1809) 11 East 60, 103 E R 926 (K B ), where even a plaintiff who was only 1% at fault could not collect from the defendant who may have been 99% at fault It was a very harsh doctrine based on a very strict moral rule of causation that the plaintiff should not profit from his own fault Contributory negligence, has been replaced in most legal systems by proportionate fault/comparative fault See J G Fleming, The Law of Torts, 9 Ed , The Law Book Co , Sydney, 1998, at p 306; Grime, 1991, p 249; Tetley, Int'l C of L , 1994 at pp 476-477, 479-481, 488; Marine Liability Act, S C 2001 c 6, Part II sect 17(2) effectively codifying Bow Valley (Husky) Ltd v St John Shipbuilding Ltd [1997] 3 S C R 1210
contributory negligence: Carelessness of the injured person that helped to cause the accident in which he was injured Some states bar recovery to the plaintiff if the plaintiff was contributorily negligent
contributory negligence: If the plaintiff in a civil action for negligence was also negligent, his damages may be reduced by the extent to which his negligence contributed to his injury
contributory negligence: (law) behavior by the plaintiff that contributes to the harm resulting from the defendant's negligence; in common law any degree of contributory negligence would bar the plaintiff from collecting damages
contributory negligence: If an injured party fails to exercise proper care and in some way contributes to his injury, the doctrine of contributory negligence will probably negate or defeat his claim, even though the other party is also negligent Contrast with Comparative Negligence (LE)
contributory negligence: Partial guilt or negligence in a civil lawsuit where both parties are to blame
contributory negligence: The Plaintiff's own actions or inactions which amount to negligence on his part, which the Court takes into account and which can reduce the liability of the Defendant
contributory negligence: The negligence of the plaintiff/claimant which, while not being the primary cause of a tort, nevertheless combined with the act or omission of the defendant to cause the tort, and without which the tort would not have occurred
contributory negligence: The rule of law under which an act or omission of plaintiff is a contributing cause of injury and a bar to recovery
criminal negligence: criminal neglect, malpractice, carelessness or inattention that is considered to be criminal in nature
criminal negligence: (law) recklessly acting without reasonable caution and putting another person at risk of injury or death (or failing to do something with the same consequences)
criminal negligence: an act of negligence that is a violation of law and constitutes a crime
criminal negligence: an act of negligence that is a violation of law and constitutes a crime D ABCDEFGHIJKLMNOPQRSTUVW
criminal negligence: - The unconscious creation of risk when a reasonable person would assume that there is some degree of danger created by the unconscious act
culpable negligence: willful or intentional disregard for legal requirements
gross negligence: severe neglect, extreme carelessness
gross negligence: The failure to perform a manifest duty in reckless disregard of the consequences as affecting the life or property of another
gross negligence: The reckless, wanton, and willful misconduct causing bodily injury or damage to property In this case, the standard of due care has been ignored by such a wide margin that it almost amounts to an intentional act
gross negligence: Total disregard for the safety of others
gross negligence: The degree of negligence somewhat greater than ordinary negligence It may be a reckless wanton and willful misconduct causing bodily injury and/or property damage Guiding Principles A loss may be covered by more than one policy One policy may have a co-insurance clause and the other may not How any loss in such circumstances should be apportioned between the various insurance companies involved creates a problem To meet this problem, the majority of insurance companies have agreed to certain rules and principles These principles override the actual wording of the policy so the insured is indemnified with least difficulty Habitation Dwelling place; residence Hazard 1) A risk or probability that the event insured against might occur 2) Condition which engenders or increases the chances of a loss
gross negligence: Flagrant or extreme negligence According to the Geneva Conventions on the Unification of the Laws Relating to Bills of Exchange, acquiring an instrument in such a careless or reckless manner that one should have known that it was not properly negotiated
gross negligence: Any action or an omission in reckless disregard of the consequences to the safety or property of another Sometimes referred to as "very great negligence" and it is more then just neglect of ordinary care towards others or just inadvertence Also known as the Latin term culpa lata
gross negligence: the intentional failure to perform a manifest duty in reckless disregard of the consequences as affecting the life or property of another
gross negligence: Failure to use even the slightest amount of care
gross negligence: conduct that is worse or more serious than a simple departure from reasonable care, but is less than a complete disregard of any care owed others
medical negligence: careless or neglectful treatment of a patient by a doctor
negligently: in a negligent manner; "he did his work negligently"
negligently: In a negligent manner
negligently: in a negligent manner, irresponsibly; recklessly, carelessly; sloppily
negligently: in a negligent manner; "he did his work negligently
tort of negligence: injustice caused by carelessness, injustice caused by not doing what is considered prudent and standard in order to avoid damage