Define: Active Negligence

Active Negligence
Active Negligence
What is the dictionary definition of Active Negligence?
Dictionary Definition of Active Negligence

Active Negligence is a legal term that refers to the failure of an individual or entity to exercise reasonable care or caution, resulting in harm or injury to another person or property. Unlike passive negligence, which involves a lack of action or omission, active negligence involves a deliberate act or behavior that directly contributes to the harm caused. It implies a conscious disregard for the safety or well-being of others, demonstrating a higher degree of culpability and potential liability in legal proceedings.

Full Definition Of Active Negligence

Active negligence refers to a legal concept that holds individuals or entities responsible for their actions or omissions that directly cause harm or injury to another person. It is a type of negligence where the defendant’s conduct is considered to be the direct cause of the plaintiff’s damages. In active negligence cases, the defendant is deemed to have had a duty of care towards the plaintiff, which they breached through their actions or failure to act. This breach of duty must have directly caused the harm suffered by the plaintiff. Active negligence can occur in various contexts, such as car accidents, medical malpractice, or premises liability cases. To establish a claim of active negligence, the plaintiff must prove that the defendant owed them a duty of care, that the defendant breached that duty, that the breach was the direct cause of the plaintiff’s injuries, and that the plaintiff suffered damages as a result. If successful, the plaintiff may be entitled to compensation for their injuries, medical expenses, lost wages, and other related damages.

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This glossary post was last updated: 29th March 2024.

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