Negligence definition:

The failure to exercise the degree of care that a reasonable person in a similar situation would exercise to avoid harming others.


InsuranceShark translator:


This is the failure to act in a manner that a reasonably prudent person would, to prove negligence there must be proven a duty to act, a breach of the duty, an injury or damage, and the breach must be a direct cause of the injury or damage.  Intentional or unintentional doesn’t come into play in the negligence definition, however, please note there are intentional torts which we will define elsewhere.

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Arnold Smith

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