What is Negligence?
Negligence, which denotes a lack of care, comes from the Latin word ‘Negligentia’, which means ‘to fail to pick up’. It is a widely held opinion that under the legal theory of negligence, a person who negligently causes harm to another person is held legally accountable for such harm. Negligence can give rise to civil liability and, in some cases, criminal charges. Carelessness and negligence are synonymous terms. Consequently, we might characterize this as a situation where a person is harmed or injured due to the carelessness of another. Despite not directly harming the other person, the negligent conduct is nevertheless considered a tort. Therefore, rather than intentionally or purposefully causing that injury, negligence is the failure to take the essential actions that should have been taken in the given situation to avoid or prevent such harm.
Key Features of Negligence:
- Negligence is the term used in personal injury law to indicate whether you were hurt by someone else’s or an organization’s negligence or recklessness.
- The ultimate objective is to make that individual or business accountable for the losses you sustained as a consequence of that harm.
- For a negligence lawsuit to be successful, there must be a “duty of care” between the plaintiff and the defendant.
- A negligence claim can only be brought forth if the plaintiff sustains losses or damages that can only be linked to the defendant’s breach of their duty of care and not to any other reason.
Difference between Negligence and Malpractice
Negligence and Malpractice are two different legal notions. Both may show that the defendant bears some of the blame for the victim’s losses, but the requirement of proof and the substance of the claim may vary based on whether the plaintiff alleges the defendant was negligent or engaged in malpractice. Everyone owes other people a responsibility of care. Negligence may nevertheless be applied if that obligation is broken. Since malpractice is defined as negligence resulting in injury, it may be categorized as negligence.
Table of Content
- What is Negligence?
- What is Malpractice?
- Difference between Negligence and Malpractice
- Conclusion
- Difference between Negligence and Malpractice- FAQs