Supervening negligence, also referred to as subsequent negligence, occurs when an individual fails to meet the standard of care that a reasonably prudent person would have exercised in a comparable situation, after they have already been negligent and the affected person is in a hazardous position. This type of behaviour is considered to be below the legal standard that is in place to safeguard others from unreasonable harm. Negligence is a tort that arises from this failure, typically involving duty, breach of duty, causation, and damages.
Subsequent negligence occurs when the defendant, after their initial negligence and the plaintiff’s contributory negligence, becomes aware or should have become aware that the plaintiff is in a dangerous situation but fails to exercise proper care in preventing the plaintiff’s injuries. For instance, if a driver is speeding and hits a pedestrian who was jaywalking, the pedestrian shares some responsibility for not using a crosswalk. However, if the driver realises after the accident that the pedestrian is still at risk and does nothing to prevent further harm, their subsequent negligence could lead to additional liability for any additional injuries suffered by the pedestrian. This example demonstrates how subsequent negligence arises when a defendant fails to take reasonable measures to prevent further harm after realizing that their initial negligence has endangered someone.
Subsequent negligence refers to a situation where a person fails to exercise reasonable care after initially acting responsibly, resulting in harm or injury to another person.
Primary negligence refers to the initial act of negligence that causes harm, while subsequent negligence refers to the failure to take appropriate action after the initial act of negligence.
Yes, subsequent negligence can be a separate cause of action in a legal case if it can be proven that the defendant’s failure to act responsibly after the initial act of negligence directly contributed to the harm or injury suffered by the plaintiff.
Examples of subsequent negligence can include failing to seek medical attention promptly after an accident, not properly securing a hazardous area after an incident, or neglecting to follow through with necessary repairs or maintenance.
Yes, a person can be held liable for subsequent negligence even if they were not directly involved in the initial act of negligence if their failure to act responsibly contributed to the harm or injury suffered by the plaintiff.
To prove subsequent negligence, the plaintiff must demonstrate that the defendant had a duty to act responsibly, that they breached that duty by failing to do so, and that this breach directly caused harm or injury to the plaintiff.
Yes, a defendant can argue that the plaintiff’s own negligence contributed to their harm, but it may not absolve them of liability if it can be proven that the defendant’s subsequent negligence was a significant factor in causing the harm.
The legal consequences for subsequent negligence can vary depending on the jurisdiction and the specific circumstances of the case. It may result in financial liability, such as compensatory damages, or even criminal charges in some cases.
Yes, subsequent negligence can be considered a form of gross negligence if the defendant’s failure to act responsibly after the initial act of negligence is deemed to be particularly reckless or willful.
To protect themselves from potential liability for subsequent negligence, individuals and organisations should take prompt and appropriate action to rectify any potential hazards or risks that arise from their initial acts of negligence. This can include seeking medical attention, securing dangerous areas, and fulfilling repair or maintenance obligations.
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: 17th April 2024.
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