What is the legal definition of negligence?

Negligence is a legal term used to describe a situation where a person or entity has failed to take reasonable care to avoid causing harm to another person or entity. In Colorado, it is defined as an act “done with a conscious disregard for the safety of others.” Negligence can be a result of an action (such as driving recklessly) or an omission (failing to maintain a safe environment). When a person or entity is negligent, they are responsible for any damages the negligence caused. When it comes to accidents, negligence is usually the basis of a claim. To establish negligence, the plaintiff must prove that: 1) the defendant had a duty of care to the plaintiff, 2) the defendant breached this duty, 3) the plaintiff was injured, and 4) the defendant’s breach of duty was the legal cause of the plaintiff’s injury. The concept of negligence applies to almost all areas of accident law. It means that someone else was responsible for causing an accident or other injury because they failed to act with reasonable caution to avoid it. In Colorado, the standard of care is that “all persons must exercise the care that a person of ordinary prudence would exercise under the same or similar circumstances.” Negligence can be a complex and difficult concept to prove, but it is an important part of accident law in Colorado.

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