Negligence Definition Essay
A failure to behave with the http://buy-research-papers846.mystrikingly.com level of care that someone of ordinary prudence would have exercised under the same circumstances. The behavior usually consists of actions, but can also consist of omissions when there is some duty to act (e.g., a duty to help victims of ones previous conduct).
OVERVIEW
Primary factors to consider in ascertaining whether the persons conduct lacks reasonable care are the foreseeable likelihood that the persons conduct will result in harm, the foreseeable severity of harm that may ensue, and the burden of precautions to eliminate or reduce the risk of harm.
See Restatement (Third) of Torts: Liability for Physical Harm § 3 (P.F.D. No. 1, 2005). Negligent conduct may consist of either an act, or an omission to act when there is a duty to do so. See Restatement (Second) of Torts § 282 (1965).
