Introduction
Negligence is a legal term in tort used to describe a situation where someone's failure to take reasonable care causes harm to another person. This could include actions like failing to maintain a safe environment, medical malpractice, or reckless driving. In these Cases, the legal system can hold the responsible party Accountable for the harm they caused, and may require them to provide compensation to the injured party. Understanding the concept of negligence is important in protecting individuals' rights and promoting accountability.
Definition
Salmond Defines negligence as:
" A Breach of legal duty to take care resulting in damage to the plaintiff, without remoteness of damage and not excluded by policy"
According to Austin:
" Negligence is a breach of duty to take care resulting in damage to the plaintiff, unless the defendant has a just and reasonable Excuse".
Wiles defines negligence as:
" The omission to do something a reasonable person would do, or doing something a reasonable person would not do, resulting in harm."
Essentials of a suit for Negligence
In order to successfully bring a suit for negligence, there are typically four elements that must be proven:
Duty of care:
The Defendant Must have Had a legal obligation to take reasonable care to avoid causing harm to the plaintiff.
Breach of duty:
The defendant must have Failed to fulfill their duty of care by acting or failing to act in a way that a reasonable person would have done in similar circumstances.
Causation:
The plaintiff must prove that the defendant's breach of duty was the direct cause of their injury or harm.
Damages:
The plaintiff must have suffered some sort of actual harm or damages, such as physical injury, emotional distress, or financial loss, as a result of the defendant's breach of duty.
Kinds of Negligence
There are two types of negligence based on intent:
Advertent (or intentional) negligence:
This occurs when the defendant knew that their actions or inactions could cause harm, but chose to proceed anyway.
For example:
if a driver intentionally runs a red light and causes an accident, they can be held liable for advertent negligence.
Inadvertent (or unintentional) negligence:
This occurs when the defendant did not intend to cause harm but was still careless or reckless in their actions, which resulted in harm or injury to someone else.
For example:
a doctor who unintentionally prescribes the wrong medication to a patient can be held liable for inadvertent negligence.
It's important to note that both types of negligence can still result in liability and damages, but the intent of the defendant maybe taken into account when determining the appropriate level of compensation or punishment.
Culpable Negligence
Culpable negligence which is also known as criminal negligence, refers to a level of Negligence that is so reckless or grossly negligent that it Amounts to a criminal offense. In order to prove culpable negligence, the prosecution must show that the defendant had a duty to act with reasonable care, but instead acted in a way that demonstrated a wanton or reckless disregard for the safety of others.
Case Laws
1. State v. Murray (1995):
In this case, the defendant, a daycare provider, was charged with culpable negligence after a child in her care drowned in a pool. The prosecution argued that the defendant failed to adequately supervise the children and did not take reasonable steps to ensure their safety. The defendant was ultimately found guilty of culpable negligence and sentenced to probation and community service.
2. State v. Thompson (2015):
In this case, the defendant was charged with culpable negligence after he accidentally shot and killed his friend while handling a gun. The prosecution argued that the defendant was negligent in his handling of the firearm, and that his recklessness amounted to criminal negligence. The defendant was found guilty and sentenced to 12 years in prison.
3. People v. Ghent (2008):
In this case, the defendant, a doctor was charged with culpable negligence after a patient died due to his failure to diagnose a serious medical condition. The Prosecution argued that the Defendant had a Duty to diagnose and treat the patient's condition, but failed to do so in a reckless and grossly negligent manner. The defendant was ultimately found guilty of culpable negligence and sentenced to probation and community service.
Presumption as to negligence
In some cases, the law may create a legal presumption of negligence, which shifts the burden of proof to the defendant to prove that they were not negligent. The presumption of negligence may arise in certain situations where it is presumed that the defendant's actions or inactions were the cause of the plaintiff's injury or harm.
For example, in a res ipsa loquitur (Latin for "the thing speaks for itself") case, the plaintiff does not have to prove the specific cause of their injury, but only has to show that the injury would not have occurred in the absence of the defendant's negligence. The burden then shifts to the defendant to prove that they were not negligent.
Another Example is the Doctrine of res ipsa loquitur in medical malpractice cases, where a plaintiff can use the presumption of negligence to prove that a medical injury or harm occurred as a result of the physician's negligent conduct.
Defenses in an action for Negligence
Contributory negligence: plaintiff's own negligence contributed to their injuries.
Comparative negligence: damages awarded are reduced based on plaintiff's degree of fault.
Statute of limitations: plaintiff's lawsuit was not filed within the specified time limit.
Lack of duty: defendant did not owe a duty of care to the plaintiff.
Difference b/w negligence and Contributory Negligence
Negligence is a failure to exercise reasonable care that results in harm to another person. It involves a breach of the duty of care that a reasonable person would have exercised in similar circumstances. Negligence can be committed in different ways, such as through an act or omission, and the plaintiff must prove that the defendant's breach of duty caused their injuries.
Contributory Negligence, on the other Hand, refers to the plaintiff's own negligence that contributed to their injuries. It is a defense that the defendant may raise to reduce or eliminate their liability. In contributory negligence cases, the defendant argues that the plaintiff had a duty to exercise reasonable care for their own safety, but they failed to do so. As a result, the plaintiff's own negligence contributed to their injuries.
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