What is the legal definition of negligence?
Negligence is a legal term used in accident law to describe when someone fails to act with reasonable care, resulting in harm to another person. In California, negligence is the failure to do what a reasonable person would have done in the same circumstances. It is important to note that negligence is not about intention; it is about the reasonable care that was not taken in a given situation. Negligence is made up of four elements: duty, breach of duty, causation, and harm. Duty is how a reasonable person would have acted in the same situation, breach of duty is when someone fails to meet the reasonable standard, causation is when the breach is a cause of the harm, and harm is the loss or injury suffered. All elements must be present for negligence to be found. When someone is found negligent, they can be held liable for the harm caused. This means the negligent party could be responsible for the costs associated with the harm, such as medical bills and other damages. In some cases, criminal negligence may be charged if the negligent behavior was especially careless and reckless. Negligence can be a complicated legal concept to understand, so it is important to speak with an experienced accident law attorney if you have any questions.
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