Negligence is one of the main reasons for many accidents occurring. For example, if a driver was to talk on his mobile phone while driving a car, it is only natural that he loses his concentration on the road. These simple acts might result in big accidents, which could be avoided if the driver or the person who was negligent had been concentrating a bit more.
In legal terms, negligence has a wider meaning. The negligence legal definition is easy to understand, and is fully explained in this article. It is important to note that, in legal terms, every person is responsible for the injury to the person or property of another, caused by his or her negligence.
So, how is it possible to classify the actions of an individual as negligent? Although in most cases, the action of an individual determines whether he or she was negligent, but in certain cases, the lack of action on the part of that individual might also constitute negligence. It is therefore, not easy to provide a general description for the act of negligence. What act constitutes an act of negligence can only be determined by taking into account the circumstances. This will depend on the facts that are associated with each individual case.
Different types of negligence cases
Some acts are considered as inherently negligent. These are the acts that do not need any proof or evidence to prove that they were known for or intended. An example for such an act is when a doctor places a piece of sponge inside a patient, and this act is considered as inherently negligent. There are some other instances where negligence is defined by statute. In such cases, negligence is determined by failure to comply with the statutory requirements.
Another way to classify the acts of negligence is by classifying them into passive negligence, and active negligence. Passive negligence is the mere reluctance to act or to perform a duty imposed by law whereas, active negligence involves those acts that are performed with the full knowledge that the person is being negligent. It also refers to those acts, where a person fails to perform a duty, which he or she has agreed to perform.
These are some important details regarding negligent acts. For a student of law, it is important to study the negligence legal definition in its entirety.