What is the legal definition of negligence?

In Kansas, the legal definition of negligence is the failure to use reasonable care under the circumstances that causes an injury or loss. Negligence is often viewed as a lack of due care or the failure to act in a way that a reasonable person would act. Negligence is an important concept in accident law because it can shift responsibility for the injury from the victim to the person who was careless. Negligence can take many forms. Generally, the court determines whether a person acted reasonably by looking at what an ordinary person in the same circumstances would have done. If a person fails to act with the same level of care that would be taken by a reasonable person in the same circumstances, the court may find that person negligent. Courts also look at whether the person or entity knew or should have known of a potential risk. For example, if a person owns a property there is an obligation to inspect and repair any harmful conditions that might exist. If a person fails to inspect or repair and someone is injured or hurt, the owner may be liable for negligence. Ultimately, negligence is a failure to act with reasonable care that causes injury to another person. Negligence often appears when one person fails to exercise due care in protecting another person from harm. Understanding how negligence works is essential to understanding accident law in Kansas.

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