The collateral negligence doctrine is a legal principle that holds a person responsible for the negligence of another person if they have a special relationship with that person. This doctrine is often applied in cases where a person entrusts their property or safety to another person, such as in cases involving employers and employees, landlords and tenants, or parents and children. Under this doctrine, the person who entrusts their property or safety to another person may be held liable for any harm caused by the negligence of that person, even if they were not directly involved in the negligent act.
The Collateral Negligence Doctrine is a legal principle that holds a person responsible for the harm caused by another person’s negligence if the first person had a duty to prevent the harm and failed to do so.
Anyone who has a duty to prevent harm and fails to do so can be held liable under the Collateral Negligence Doctrine. This can include employers, property owners, and other individuals or entities.
Direct negligence refers to the negligence of the person who caused the harm, while collateral negligence refers to the negligence of someone else who had a duty to prevent the harm.
The standard of care under the Collateral Negligence Doctrine is the same as the standard of care for direct negligence. The person with the duty to prevent harm must act with reasonable care to prevent the harm from occurring.
Examples of situations where the Collateral Negligence Doctrine might apply include a landlord failing to repair a dangerous condition on their property, an employer failing to provide adequate safety equipment to their employees, or a parent failing to supervise their child who then causes harm to someone else.
Negligence refers to a failure to act with reasonable care, while intentional harm refers to a deliberate act to cause harm. The Collateral Negligence Doctrine only applies to cases of negligence.
The statute of limitations for a collateral negligence claim varies by state and depends on the specific circumstances of the case. It is important to consult with an attorney to determine the applicable statute of limitations.
Yes, insurance can cover liability under the Collateral Negligence Doctrine if the policy includes coverage for negligence claims.
If you believe you have a collateral negligence claim, you should consult with an experienced attorney who can evaluate your case and advise you on your legal options.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 25th April 2024.
To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.
- Page URL:https://dlssolicitors.com/define/collateral-negligence-doctrine/
- Modern Language Association (MLA):Collateral Negligence Doctrine. dlssolicitors.com. DLS Solicitors. May 09 2024 https://dlssolicitors.com/define/collateral-negligence-doctrine/.
- Chicago Manual of Style (CMS):Collateral Negligence Doctrine. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/collateral-negligence-doctrine/ (accessed: May 09 2024).
- American Psychological Association (APA):Collateral Negligence Doctrine. dlssolicitors.com. Retrieved May 09 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/collateral-negligence-doctrine/
Our team of professionals are based in Alderley Edge, Cheshire. We offer clear, specialist legal advice in all matters relating to Family Law, Wills, Trusts, Probate, Lasting Power of Attorney and Court of Protection.
All author posts