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Negligence

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Definition Edit

Negligence is a tort that results from the failure of the tortfeasor to take sufficient care in fulfilling a duty owed.

Overview Edit

To recover for negligence a plaintiff must establish each of the following by a preponderance of the evidence

A defendant can also be found negligent per se by violating a statute or regulation if the plaintiff can show that (1) the defendant violated the statute, (2) the statute is a safety statute, (3) the act caused the kind of harm the statute was designed to prevent, and (4) the plaintiff was within the zone of risk. In some jurisdictions, negligence per se creates merely a presumption of negligence.

Defenses Edit

Defenses to a negligence claim include the following:

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