When do you say that someone has been negligent? What probably will come to your mind is that person has been careless. You are not exactly wrong, but in legal terms, you might need to add a few things to that definition.
In law, negligence means the act of breaking or failing to obey (breach), a legal duty to care of someone or something and this failure results in someone suffering damage or injury.
For example, if you drive through a red light and knock someone, the law will say that you have been negligent or even reckless. However, neligence is not only from the law, it can also be as a result of an agreement you signed with someone, or because of your status towards another person or what you own.
As a parent, you have certain duties towards your child, if you fail at these, you may be liable and even get arrested for 'child neglect'.
As a pet owner at home, you have a duty to look after and control your pets so that they do not stray and start chewing on your neighbour’s children’s the way you live.
In short, for you to prove negligence, you must make sure the following happened.
1. the person must have a duty of care towards you.
2. that person must fail in that duty
3. you must suffer damage because of that failure on their part.
4. the damage must be linked to their failing.
📷: KASE insurance
#BarefootLaw
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