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Negligence

Author: Webmaster / August 12, 2016 / Categories:

Failure to exercise that degree of care which a person of ordinary prudence (a “reasonable” person) would exercise under the same circumstances. The term refers to conduct which falls below the standard established by law for the protection of others against unreasonable risk of harm. It does not comprehend conduct recklessly disregardful of the interests of others, nor does it include intentional infliction of injury on another. Unless the actor is a child, the standard of conduct to which the person must conform to avoid being negligent is that of a reasonable person under like circumstances.

Negligent conduct may involve either a) an act that the actor as a reasonable person should recognize as involving an unreasonable risk of causing an invasion of an interest of another, or b) a failure to do an act necessary for the protection or assistance of another and which the actor is under a duty to perform.

Comparative Negligence – The allocation of responsibility for damages incurred between the plaintiff and the defendant, based on the relative negligence of the two; the reduction of the damages to be recovered by the negligent plaintiff in proportion to his fault.

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