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Where are we on 9/11?

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Negligence; an error or defect in judgement or of conduct, any deviation from prudence, duty, or rectitude; any shortcoming, or neglect of care or performance resulting from inattention, incapacity, or perversity; a wrong tendency, course, or act; bad faith or mismanagement; neglect of duty. (Continental Ins. Co. v. Sabine Towing Co., CCA Tex, 117 F. 2d 694, 697.) Under general liability principles, "fault" is a breach of duty imposed by law or contract. (Angelo Pavone Enterprises, Inc. v. South Central Bell Telephone Company, La App 4 Cir, 459 So 2d 1223, 226.) The term connotes an act to which blame, censure, impropriety, shortcoming, or culpability attaches. (Kersey Mrg. Co v. Rozic, 207 Pa. Super. 182, 215 A. 2d 232, 325).


Comparative Negligence:

Under comparative negligence statutes or doctrines, negligence is measured in terms of percentage, and any damages allowed shall be diminished in proportion to the amount of negligence attributed to the person whose injury, damage, or death, recovery is sought. Many states have replaced contributory negligence acts or doctrines with comparative negligence. Where negligence by both parties is concurrent and contributres to the injury, recovery is not barred under such doctrine but plaintiffs damages are diminshed proportionately, provided that his fault is less than the defendant's, and that by the exercise of ordinary care, he could not have avoided consequences of the defendant's negligence after it was or should have been apparent.


Cause:

Each separate antecedent of an event. Something that precedes and brings about an effect or a result. A reason for an action or a condition. A ground of legal action. An agent that brings something about. That which in some manner is accountable for a condition that brings about an effect or that produces a cause for the resultant action or state. (State v. Fubritz, 276 Md. 416, 348 A.2d 275, 280)


Cause of Injury: that which actually produces it.

Negligence

The omission to do something which a reasonable person, guided by those ordinary considerations which ordinarily regulate human affairs, would do, or the doing of something which a reasonable and prudent person would not do.

Negligence is the failure to use such care as a reasonably prudent and careful person would use under similar circumstances; it is the doing of some act which a person of ordinary prudence would not have done under similar circumstances, or a failure to do what a person of ordinary prudence would have done under similar circumstances. (Amoco Chemical Corp. V. Hill, El. Super., 318 A. 2d 614, 617) Conduct which falls below the standard established by law for the protection of others against unreasonable risk of harm; it is a departure from the conduct expected of a reasonably prudent person under like circumstances. (US v. Ohio Barge Lines, Inc, 607 F.2d 624, 632)

The term refers only to that legal delinquency which results whenever a person fails to exhibit the care which he or she ought to exhibit, whether it be slight, ordinary, or great. It is characterized chiefly by inadvertence, thoughtlessness, inattention, and the like, while wantonness, or recklessness, is characterized by willfulness. The law of negligence is founded on reasonable conduct or reasonable care under all circumstances or a particular case. Doctrine of negligence rests on the duty of every person to exercise due care in his or her conduct toward others from which injury may result.

Related concepts: actionable negligence, active negligence, cause, comparative negligence, concurrent negligence, fault, imputed negligence, invitation, joint negligence, Laches, legal negligence, Palsgraf Rule, parental liability, product liability, reasonable man doctrine or standards of recklessness, simple negligence, standard of care, strict liability, supervising negligence.


Collateral Negligence:

Doctrine which holds that an employer of an independent contractor, unless he is himself negligent, is not liable for physical harm caused by any negligence of the contractor if a) the contractor's negligence consists solely in the improper manner in which he does the work, and b) it creates a risk of such ahrm which is not inherent in or normal to the work, and c) the employer had no reason to contemplate the contractor's negligence when the contract was made. (Restement, Second, Torts, S. 426)


Concurrent Negligence arises where the same injury is proximately caused by the concurrent wrongful acts or omissions of two or more persons acting independently.


Culpable Negligence: Failure to exercise the degree of care rendered appropriate by the particular circumstances, and which a man of ordinary prudence in the same situation and with equal experience would not have omitted.


Contributory Negligence: The act or omission amounting to the want or lack or ordinary care on part of a complaining party which, concurring with the defendant's negligence, is a proximate cause of the (an) injury (Honaker v. Crutchfield, 247 Ky. 495, 57 S.W. 2d 502) The conduct by a plaintiff which is below the standard to which he is legally required to conform for his own protection and which is a contributing cause which cooperates with the negligence of the defendant in causing the plaintiff's harm. (Li v. Yellow Cab Co. of Calif, 13 Cal. 3d 804, 119 Cal Rptr. 858, 864, 532 P. 2d 1226)

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