Negligence Flashcards, test questions and answers
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What is Negligence?
Negligence is a type of tort law that focuses on the behavior of individuals and organizations, who fail to act as an ordinary person would in a certain situation. It is an important concept in many areas of the law and can be used to sue for damages due to injuries caused by another party’s actions or failure to act.In order for negligence claims to be successful, there must first be proof that the party at fault had a duty of care towards the injured individual. This duty exists when one person owes a legal responsibility to another, such as an employer having a duty of care towards their employees. The plaintiff must also demonstrate that this duty was breached through action, omission or both and that this breach was the direct cause of their injury or loss.Once liability has been established, it is then necessary for the plaintiff to show that they have suffered some form of harm or loss as a result of thte defendant’s negligence – monetary compensation may then be sought from them by way of damages. Damages could include covering medical bills, lost wages due to time off work and reimbursement for any other losses incurred due to the accident or injury. In some cases punitive damages may also be awarded if gross negligence or malicious intent can be demonstrated on behalfeof ehte defendant. Negligence is an important area in many aspects of tort law and its principles are applicable across different legal scenarios – from simple car accidents where one driver failed to take reasonable care behind the wheel, all the way up corporate disputes regarding product liability claims made against companies whose products were unsafe for use by consumers. Negligence laws are constantly evolving so it is important for those pursuing such claims (or defending them) to stay up-to-date with changes in legislation which may affect their case.