Legal Definition and Related Resources of Negligence

Negligence is the omitting to d: something that a reasonable man would do or the doing of something which a reasonable man would not do so under the existing circumstances. See Watson Bro. Transp. Co. v Jacobsen, 97 N. W.2d 52. 168 Neb. 862; Also Baltimore & P.R. Co. Jones, 95 U.S. 439,24 L.Ed. 506. The omission to do something which a reasonable man, guided upon those consideration ; which ordinarily regulate the conduct of human affairs, would do; or doing something which a prudent and reasonable man would not do. TunnelI v Maklin, 106 N. W.2d693,171 Neb.513; union P.R. Co v McDonald, 152 U.S. 262, 14 S. Ct. 619,3t L.Ed. 434. Also see contributory negligence ; Gros negligence.

The breach of a legal noncontractual duty to use care, with no precise intention of producing a particular injury thereby. See Shear. & R. Neg. §3; Beven, Emp. Liab. An inadvertent imperfection by a responsible human agent in the discharge of a legal duty, which produces, in an orderly and natural sequence, a damage to another. Whart. Neg. § 3. Any lack of carefulness in one’s conduct, whether in doing, or in abstaining from doing, wherefrom by reason of its not filling the full measure of the law’s requirement in the particular circumstances there comes to another a legal injury. Bish. Non-Cont. Law, §436. Negligence has been defined as the doing or omission of something which a reasonable prudent person would not have done or omitted under the circumstances (95 U. S. 439) ; but this is rather a statement of what constitutes proper care, and moreover omits the element of a duty imposed by law which is broken by the negligent act or omission (Pollock, Torts, 352).

noun

• abandonment
• breach of duty
• carelessness
• culpa
• delinquency
• dereliction
• disregard
• failure
• heedlessness
• improvidence
• imprudence
• inadvertence
• inadvertency
• inattention
• inattentiveness
• incautiousness
• incircumspection
• inconsideration
• incuria
• indifference
• indiligentia
• inobservance
• irresponsibility
• lack of attention
• lack of diligence
• laxity
• laxness
• neglectfulness
• neglegentia
• obliviousness
• omission
• oversight
• recklessness
• regardlessness
• remissness
• slackness
• unalertness
• unconcern
• unmindfulness
• unobservance
• unwariness
• unwatchfulness
• want of thought
• Associated Concepts: actionable negligence
• active negligence
• assumption of risk
• causal negligence
• comparative negligence
• concurrent negligence
• contributory negligence
• criminal negligence
• culpable negligence
• estoppel by negligence
• gross negligence
• imputed negligence
• last clear chance doctrine
• malpractice
• negligence per se
• ordinary negligence
• passive negligence
• res ipsa loquitur
• standard of care
• supervening negligence
• wanton negligence
• willful negligenceforeign phrases: Magna negligentia culpa est; magna culpa dolus est
• Gross negligence is fault; gross fault is equivalent to a fraud
• Culpa lata dolo aequiparatur
• Gross negligence is equivalent to intentional wrong

Failure To Use Reasonable Care That Would Be Expected Of Any Other Person In A Similar Situation.

Find similar definitions of the Negligence concept in the Notary Dictionary, to be used to allow for comparison of legal terms meanings.

Browse or run a search for Negligence in the American Encyclopedia of Law, the Asian Encyclopedia of Law, the European Encyclopedia of Law, the UK Encyclopedia of Law or the Latin American and Spanish Encyclopedia of Law.

Negligence in Historical Law

You might be interested in the historical meaning of this term. Browse or search for Negligence in Historical Law in the Encyclopedia of Law.

Search for legal acronyms and/or abbreviations containing Negligence in the Legal Abbreviations and Acronyms Dictionary.

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Mentioned in these terms

Actual Malice, Affirmative Defense, Agency By Estoppel, Assumption Of Risk, Barrister, , Careless, Casualty, Causal, Common Enterprise, Comparative Negligence, Contributory Negligence, Damage, Damages, Default, , Error, Writ Of, Fault, Fellow Servant Rule, Fiction, Fidelity Bond, Illinois Rule, Imputed Negligence, Inherent Vice, Intervening Agency, Joint Tortfeasors, Last Chance, Last Clear Chance, Misconduct, Misprison, Nuisance, Palsgraf Rule, Pennsylvania Rule, Proximate Cause, Reasonable Care, Remoteness, Rescue, Shock, Simple Negligence.

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This definition of Negligence is based on the The Cyclopedic Law Dictionary . This entry needs to be proofread.

Vocabularies (Semantic Web Information)

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Resources

See Also

Negligence in Law Enforcement

Main Entry: Law Enforcement in the Legal Dictionary. This section provides, in the context of Law Enforcement, a partial definition of negligence.

Resources

See Also

• Law Enforcement Officer
• Police
• Law Enforcement Agency

Further Reading

• negligence in A Dictionary of Law Enforcement (Oxford University Press)
• negligence in the Encyclopedia of Law Enforcement
• A Treatise on the Police of the Metropolis

Negligence Definition (in the Accounting Vocabulary)

The New York State Society of Certified Public Accountants offers the following definition of Negligence in a way that is easy for anybody to understand: The omission to do something which a reasonable man, guided by those ordinary considerations which ordinarily regulate human affairs, would do, or the doing of something which a reasonable and prudent man would not do. Negligence is the failure to use such care as a reasonably prudent and careful person would use under similar circumstances; it is the doing of some act which a person of ordinary prudence would not have done under similar circumstances or failure to do what a person of ordinary prudence would have done under similar circumstances. The term refers only to that legal delinquency which results whenever a man fails to exhibit the care which he ought to exhibit, whether it be slight, ordinary, or great. It is characterized chiefly by inadvertence, thoughtlessness, inattention, and the like, while “wantonness” or “recklessness” is characterized by willfulness. The law of negligence is founded on reasonable conduct or reasonable care under all circumstances of particular care. Doctrine of negligence rests on duty of every person to exercise due care in his conduct toward others from which injury may result.

Meaning of Negligence in the U.S. Legal System

Definition of Negligence published by the National Association for Court Management: Failure to exercise the degree of care that a reasonable person would exercise under the same circumstances.

Every person is responsible for injury to the person or property of another, caused by his or her negligence. Negligence is the failure to use reasonable care.

Every person is responsible for injury to the person or property of another, caused by his or her negligence. Negligence is the failure to use reasonable care.

Negligence