Negligence

Negligence is the failure to exercise reasonable care that a reasonably prudent person would have exercised under similar circumstances, and that failure proximately caused a physical injury to another person who was foreseeably threatened by the unreasonable act or omission.

  • Example : John failed to apply his brake when approaching the intersection, striking Mary’s vehicle and causing her to brake her arm.  John was negligent in the operation of his motor vehicle.
  • Example : A school may be negligent when failing to adequately supervise a student with well-documented past violent behavior towards fellow students struck and injured another child.