Negligence
Kinds of Torts: Torts Based on Negligence
Introduction to Negligence
The most common torts result from negligence rather than intent. A broad variety of tort claims, such as personal injury claims based on automobile accidents, are based on a general theory of negligence. Other torts involving negligence have specific names.” (1)
Poor, Institutions, Negligence
From the book The Clergyman’s Hand-book of Law, about Poor, Institutions, Negligence (1): As hospitals, homes for the poor, and other eleemosynary institutions are supported by money given to charity, it would be a diversion of the trust funds if such institutions could be compelled to pay damages for negligence causing personal injury or death. The general rule is that the person causing the injury may be liable, but not the institution.600 However, a charitable institution has been held liable for negligence of its manager to notify a nurse of the contagious nature of a case assigned to her.601
Charitable, Institution, Negligence
From the book The Clergyman’s Hand-book of Law, about Charitable, Institution, Negligence (1): A Catholic cemetery without capital stock or shares and paying no profits nor dividends, does not come under the head of a charitable institution so as to relieve it from liability for negligence.829
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See Also
- Respondeat superior
- Vicarious liability
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- Negligent homicide
- Negligently
- Negligent manslaughter
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- Negligence per se
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- Legal negligence
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- Exceptions and limitations
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- Concurrent negligence
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- Comparative negligence
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- Active negligence
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- 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
- Reckless
- Simple negligence
- Standard of care
- Strict liability
- Supervening negligence
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See Also
- Actionable negligence
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Notes and References
- Charles M. Scanlan, The Clergyman’s Hand-book of Law. The Law of Church and Grave (1909), Benziger Brothers, New York, Cincinnati, Chicago
See Also
- Religion
- Church
Resources
Notes and References
- Charles M. Scanlan, The Clergyman’s Hand-book of Law. The Law of Church and Grave (1909), Benziger Brothers, New York, Cincinnati, Chicago
See Also
- Religion
- Church
Resources
Notes and References
- Information about Negligence in the Encarta Online Encyclopedia
Guide to Negligence
Kinds of Torts: Torts Based on Negligence Special Defenses to Negligence
Introduction to Negligence
The conduct of the injured party may provide a defense to a person accused of negligence. An injured party’s own negligent act that helps cause the harm sustained is described as contributory negligence. In the United States less than half of the states have laws providing that contributory negligence, no matter how slight, is a complete defense. In other words, the injured party cannot receive any compensation from the tortfeasor, regardless of the consequences of the tortfeasor’s actions.
More often the doctrine applied is comparative negligence, where a plaintiff’s negligent conduct is compared to the negligence of the defendant. Damages are then reduced in proportion to the plaintiff’s contribution to the harm. For example, if the amount to compensate the injury is $100,000 and the plaintiff is 25 percent responsible for his own injury, he would receive $75,000. In some states if the plaintiff’s contribution to the harm is greater than that of the defendant, the defense is complete and the plaintiff gets no damages.
A similar defense to a claim based on negligence is known as assumption of risk. This defense may apply if the injured party was aware of a risk of harm and unreasonably acted in a way that put him or her at that risk. Depending on which state’s law governs, the plaintiff’s behavior in assuming the risk will be either a complete defense or part of a comparative negligence evaluation. If the plaintiff reasonably assumed the risk, the plaintiff’s action does not provide a defense for the tortfeasor. For example, although it would place her at risk, it is considered reasonable for a mother to enter a burning house to rescue her child. If the mother was injured as a result and sued the person who negligently caused the fire, the tortfeasor could not successfully assert the assumption of risk defense against her. ” (1)
Resources
Notes and References
- Information about Negligence in the Encarta Online Encyclopedia
Guide to Negligence
Introduction to Negligence
Negligence (law), in the law of torts, term used to designate a failure to exercise due care, resulting in injury to another, and for which an action for money damages may be brought. The failure to exercise due care may be the omission to perform an act that a reasonable person, guided by those circumstances that normally regulate the conduct of individuals, would perform, or it may be the commission of an act that a reasonable person would not commit, or would perform in a more careful manner with due regard for the safety of others. Negligence implies that the careless conduct was in violation of a legal duty, as, for example, the duty of a railroad, engaged in the business of transporting passengers, to maintain its roadbed and rolling stock free from dangerous defects.
The circumstances under which persons act are so various that proper care in one situation may be negligence in another. Thus, a person is under no duty to keep his or her premises safe for persons who trespass thereon; in some states of the U.S., however, the owner is held liable for injuries to child trespassers for not keeping a device such as scaffolding or a revolvable platform properly guarded, on the ground that such a device is an invitation to children to trespass and play on it. In all states, the owner of property is liable to a person permitted to enter the premises who sustains injuries resulting from known defects, and of which the owner failed to give warning. The owner is liable also for injuries sustained by a person invited on the premises if such owner does not use ordinary care to see that the premises are as safe as might reasonably be expected.” (1)
Resources
Notes and References
- Information about Negligence in the Encarta Online Encyclopedia
Guide to Negligence
The Legal History of Negligence
This section provides an overview of Negligence
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See Also
- Legal Biography
- Legal Traditions
- Historical Laws
- History of Law
Further Reading
- Negligence in the Oxford International Encyclopedia of Legal History (Oxford University Press)
- The Oxford Encyclopedia of American Political and Legal History (Oxford University Press)
- Negligence in the Dictionary of Concepts in History, by Harry Ritter
- A Short History of Western Legal Theory, by John Kelly
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