To be negligent is to act, or fail to act, in a way that causes injury to another person. But no one's perfect and accidents happen to the best of us. What separates a common accident from an act of negligence, however, is the "standard of care" required in a given situation. By neglecting the proper standard of care for a given situation, an individual may be found liable for any resulting injuries. Show
For example, a motorist must exercise the same care that a "reasonable person" would in the same situation, which includes obeying traffic laws and paying attention to pedestrians and other drivers. But if a severely nearsighted driver who forgets to wear his glasses hits a jaywalking pedestrian, he would be considered negligent because a reasonable, severely nearsighted person would not drive without glasses or contacts. Negligence, the Reasonable Person, and Injury ClaimsThe so-called reasonable person in the law of negligence is a creation of legal fiction. Such a "person" is really an ideal, focusing on how a typical person, with ordinary prudence, would act in certain circumstances. The test as to whether a person has acted as a reasonable person is an objective one, and so it doesn't take into account the specific abilities of a defendant. Thus, even a person who has low intelligence or is chronically careless is held to the same standard as a more careful person or a person of higher intelligence. A jury generally decides whether a defendant has acted as a reasonable person would have acted, in addition to the other elements of a negligence case. In making this decision, the jury generally considers the defendant's conduct in light of what the defendant actually knows, has experienced, or has perceived. For example, one may consider a defendant working on a loading dock and tossing large bags of grain onto a truck. In the process of doing this, the defendant notices two children playing near the truck. The defendant throws a bag towards the truck and unintentionally strikes one of the children. In this instance, a jury would take into account the defendant's actual knowledge that children were playing in the area when the jury determines whether the defendant acted reasonably under the circumstances. One must note, however, that the defendant would be liable for negligence only if the defendant owed a duty to the child. In addition to the defendant's actual knowledge, a jury also considers knowledge that should be common to everyone in a particular community. Accordingly, the defendant in the example above would be charged with knowing that a bag of grain could injure a child, as well as with knowing the natural propensities of children. Negligence and the Reasonable Person: ChildrenA child generally is not expected to act as a reasonable adult would act. Instead, courts hold children to a modified standard. Under this standard, a child's actions are compared with the conduct of other children of the same age, experience, and intelligence. Courts in some jurisdictions, however, apply the adult standard of care to children who engage in certain adult activities, such as driving a car. Talk to a Lawyer to Learn More About Negligence and the Reasonable PersonIf you or a loved one has been injured through negligence -- something a 'reasonable person' wouldn't have caused -- it means someone failed to act in a reasonable manner, and is therefore liable for any injuries that resulted. But how strong of a case do you really have, and is it worth pursuing? You can find out today by discussing your case with an experienced personal injury attorney in your area. neg·li·gent | \ ˈne-gli-jənt \ Definition of negligent1a : marked by or given to neglect especially habitually or culpably was a careless workman, negligent of details— Edith Hamilton b : failing to exercise the care expected of a reasonably prudent person in like circumstances negligent about traffic regulations 2 : marked by a carelessly easy manner Other Words from negligentnegligently adverb Synonyms & Antonyms for negligentSynonyms
Antonyms
Visit the Thesaurus for More Choose the Right Synonym for negligentnegligent, neglectful, lax, slack, remiss mean culpably careless or indicative of such carelessness. negligent implies inattention to one's duty or business. negligent about writing a note of thanks neglectful adds a more disapproving implication of laziness or deliberate inattention. a society callously neglectful of the poor lax implies a blameworthy lack of strictness, severity, or precision. a reporter lax about accurate quotation slack implies want of due or necessary diligence or care. slack workmanship remiss implies blameworthy carelessness shown in slackness, forgetfulness, or neglect. had been remiss in their familial duties Did you know?To be negligent is to be neglectful. Negligence is an important legal concept; it's usually defined as the failure to use the care that a normally careful person would in a given situation. Negligence is a common claim in lawsuits regarding medical malpractice, auto accidents, and workplace injuries. But you can also be negligent about answering your email, or negligent in the way you dress. (The original garment called a negligee was worn by women who had neglected to get fully dressed.) The legal meanings of negligent and negligence, however, tend to be the ones we most often encounter nowadays. Examples of negligent in a SentenceThe fire was started by a negligent smoker. He was negligent in not reporting the accident to the police. Recent Examples on the Web Mangum filed the lawsuit against Walmart in December 2021 for negligent retention and action against person who summons police with improper intent, according to the lawsuit and the AP. — Tommy Mcardle, Peoplemag, 23 Aug. 2022 The 9th Circuit asked the Washington Supreme Court to clarify state law regarding negligent reproductive health care, and in a 9-0 decision authored by Justice Mary Yu, the court rejected the government's arguments. — Fox News, 19 Aug. 2022 In July, a Myrtle Beach, South Carolina jury found the city's private beach contractor negligent when Zerihun Wolde, a 41-year-old father, died in a rip current in August 2018. — Dinah Voyles Pulver, USA TODAY, 17 Aug. 2022 Kafas ultimately pleaded no contest in Parma Municipal Court to one count of negligent assault, a third-degree misdemeanor. — Adam Ferrise, cleveland, 14 Aug. 2022 A month later, police arrested someone on suspicion of arson and negligent arson. — Meg Wagner, CNN, 9 Aug. 2022 In 2021, 116 people in the city were killed, according to crime statistics from the Albuquerque Police Department, which exclude justified or negligent homicides. — Simon Romero, BostonGlobe.com, 9 Aug. 2022 But draft financials obtained through a records request to a Virginia health regulator state that Consulate facilities’ insurance covers only $100,000 per negligent incident in Florida — and that can amount to little or nothing after legal fees. — Jared Whitlock, STAT, 7 Aug. 2022 The complaint accuses both companies of negligence and negligent hiring, retention and supervision of their employees, resulting in a failure to protect customer safety. — Marlene Lenthang, NBC News, 3 Aug. 2022 See More These example sentences are selected automatically from various online news sources to reflect current usage of the word 'negligent.' Views expressed in the examples do not represent the opinion of Merriam-Webster or its editors. Send us feedback. First Known Use of negligent14th century, in the meaning defined at sense 1a History and Etymology for negligentMiddle English necligent, negligent, borrowed from Anglo-French & Latin; Anglo-French, borrowed from Latin neglegent-, neglegens (also neclegens, negligens), present participle of neglegere, neclegere "to disregard, do nothing about, fail to care for" — more at neglect entry 1 Learn More About negligentStatistics for negligentCite this Entry “Negligent.” Merriam-Webster.com Dictionary, Merriam-Webster, https://www.merriam-webster.com/dictionary/negligent. Accessed 2 Sep. 2022. More Definitions for negligent neg·li·gent | \ ˈne-glə-jənt \ Kids Definition of negligent: failing to take proper or normal care of something or someone Other Words from negligent negligently adverb
neg·li·gent | \ ˈne-gli-jənt \ Legal Definition of negligent: marked by, given to, or produced by negligence a negligent act the defendant was negligent Other Words from negligent negligently adverb Has been defined as not doing something that a reasonable man would do or doing something that a reasonable man would not do?According to Black's Law Dictionary, the legal definition of negligence is “[t]he omission to do something which a reasonable man, guided by those considerations which ordinarily regulate the conduct of human affairs, would do. Or doing something which a prudent and reasonable man would not do.”
How do you define a reasonable person?The “reasonable person” is a hypothetical individual who approaches any situation with the appropriate amount of caution and then sensibly takes action. It is a standard created to provide courts and juries with an objective test that can be used in deciding whether a person's actions constitute negligence.
Is the failure to do what a reasonable person would do or doing something that a reasonable person would not do?Quick Reference. N. 1 Carelessness amounting to the culpable breach of a duty: failure to do or recognize something that a reasonable person (i.e. an average responsible citizen) would do or recognize, or doing something that a reasonable person would not do.
Which term is defined as the failure to do something that a reasonable person would do under the same circumstances?Negligence. The failure to use reasonable care that an ordinary prudent person would have used in a similar situation, resulting in harm or other loss.
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