What Is Negligence in Law?

To be considered negligent in the eyes of the law, a person’s actions must fall below the standard of reasonable care. This standard is based on a balance between the risk involved and the value of the interest sought to be protected. Negligence can take many forms, including simple carelessness, ignorance, or stupidity. However, it can also involve a conscious consideration of the consequences of a particular action.

Negligence can also be the result of negligence in a business. This occurs when a company fails to hire a responsible employee. This is a legal standard that must be met in order for a plaintiff to obtain compensation. This principle is extremely harsh on plaintiffs and is not found often in personal injury cases.

Negligence has different levels of severity, with gross negligence being the most serious. Ordinary negligence is a failure to use ordinary care, while gross negligence involves a deliberate disregard for the safety and reasonable treatment of others. Negligence can occur in a variety of situations, from a driver running a stop sign to a store owner failing to post a “Caution: Wet Floor” sign. In some cases, the negligence may be criminal.

The second girl drowned and the teacher was found negligent. Although neither girl had any fault, the teacher failed to act appropriately in an effort to save her. The two girls died in the same accident, so the Ontario court held the teacher responsible for the death of the second girl. In addition, negligence does not necessarily reflect moral fault. It may be due to simple ignorance, stupidity, or excitable temperament.