What is the legal definition of negligence?

The legal definition of negligence in Tennessee is the failure to use reasonable care, which is defined as the care that an ordinary person would use under the same or similar circumstances. Negligence can occur when a person fails to do something a reasonable person would do, or does something a reasonable person would not do, and in turn is the cause of an injury or harm. Negligence is judged by a standard of care that a reasonable person would use under the same or similar circumstances. Someone can be considered negligent if they do not act with the same level of care that a reasonable person would exercise. Common examples of negligence include failing to maintain a safe premise, medical negligence, and automobile accidents. In order for an injured party to prove another person was negligent in the state of Tennessee, they must prove that: (1) the person had a duty to act in a certain way; (2) they breached that duty by failing to act as a reasonable person would have; (3) the breach of duty caused an injury; and (4) the injured party suffered damages as a result. If any of these elements are not proven, then the party claiming negligence cannot be held accountable.

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