Principles of Risk Management and Insurance, 13th Edition

Law of Negligence

Negligence typically is defined as the failure to exercise the standard of care required by law to protect others from an unreasonable risk of harm. The meaning of the term standard of care is based on the care required of a reasonably prudent person. In other words, your actions are compared with the actions of a reasonably prudent person under the same circumstances. If your conduct and behavior are below the standard of care required of a reasonably prudent person, you may be found negligent.

The standard of care required by law is not the same for each wrongful act. Its meaning is complex and depends on the age and knowledge of the parties involved; court interpretations over time; skill, knowledge, and judgment of the claimant ...