What is the term for failure to use or not use the same care as used by a reasonably prudent person?

neg·​li·​gence | \ ˈne-gli-jən(t)s

What is the term for failure to use or not use the same care as used by a reasonably prudent person?
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Definition of negligence

1a : the quality or state of being negligent

b : failure to exercise the care that a reasonably prudent person would exercise in like circumstances … his naivete and negligence had been the source of his problems.— Michael Leahy

2 : an act or instance of being negligent regretted his past negligences

Synonyms & Antonyms for negligence

Synonyms

  • carelessness,
  • dereliction,
  • heedlessness,
  • incaution,
  • incautiousness,
  • laxness,
  • neglectfulness,
  • remissness,
  • slackness

Antonyms

  • care,
  • carefulness,
  • caution,
  • cautiousness,
  • heedfulness

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Examples of negligence in a Sentence

The company was charged with negligence in the manufacturing of the defective tires. exhibiting his usual negligence, he failed to set the emergency brake, and the car rolled down the steep hill and crashed into the telephone pole

Recent Examples on the Web The disaster ignited widespread anger in Abadan, where residents alleging government negligence gathered nightly at the site of the collapse to shout slogans against the Islamic Republic. Isabel Debre, BostonGlobe.com, 31 May 2022 Metra has agreed to a $12.25 million settlement alleging negligence stemming from a December 2015 crash in Hometown that killed two Chicago cousins and injured four others. Mike Nolan, Chicago Tribune, 20 May 2022 In August 2019, nine months after the Terpin heist, Pinsky says his father randomly emailed him an article about how Terpin was suing AT&T for $224 million for gross negligence in his SIM-swapping case. Alex Morris, Rolling Stone, 8 July 2022 The lawsuit brings actions for strict liability against TikTok, based on both defective design and a failure to warn, for negligence and for violation of California's legal consumer remedies law. Bruce Vielmetti, USA TODAY, 7 July 2022 The lawsuit brings actions for strict liability against TikTok, based on both defective design and a failure to warn, for negligence and for violation of California's legal consumer remedies law. Bruce Vielmetti, Journal Sentinel, 5 July 2022 The mother went to my father (father of the bride) to demand the venue’s wedding coordinator be fired for negligence. Amy Dickinson, Detroit Free Press, 19 June 2022 The mother went to my father (father of the bride) to demand the venue’s wedding coordinator be fired for negligence. Amy Dickinson, oregonlive, 18 June 2022 The mother went to my father (father of the bride) to demand the venue’s wedding coordinator be fired for negligence. Amy Dickinson, Washington Post, 18 June 2022 See More

These example sentences are selected automatically from various online news sources to reflect current usage of the word 'negligence.' Views expressed in the examples do not represent the opinion of Merriam-Webster or its editors. Send us feedback.

First Known Use of negligence

14th century, in the meaning defined at sense 1a

History and Etymology for negligence

Middle English necligence, neglicence, borrowed from Anglo-French, borrowed from Latin neglegentia, neclegentia, from neglegent-, neglegens, necligens negligent + -ia -ia entry 1

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Cite this Entry

“Negligence.” Merriam-Webster.com Dictionary, Merriam-Webster, https://www.merriam-webster.com/dictionary/negligence. Accessed 10 Aug. 2022.

More Definitions for negligence

neg·​li·​gence | \ ˈne-glə-jəns \

Kids Definition of negligence

: failure to take proper or normal care of something or someone

neg·​li·​gence | \ ˈne-gli-jəns \

: failure to exercise the degree of care expected of a person of ordinary prudence in like circumstances in protecting others from a foreseeable and unreasonable risk of harm in a particular situation also : conduct that reflects this failure

called also ordinary negligence, simple negligence

— compare abuse sense 2, due care, intent

Note: Negligence may render one civilly and sometimes criminally liable for resulting injuries.

collateral negligence

: negligence on the part of an independent contractor that is not connected with a manner of working or risk ordinarily associated with particular work and for which the employer of the contractor is not liable

comparative negligence \ kəm-​ˈpar-​ə-​tiv-​ \

1a : negligence of one among multiple parties involved in an injury that is measured (as in percentages) according to the degree of its contribution to the injury the comparative negligence of the plaintiff

b : a doctrine, rule, or method of apportioning liability and damages in tort law: negligence and damages are determined by reference to the proportionate fault of the plaintiff and defendant with the negligence of the plaintiff not constituting an absolute bar to recovery from the defendant — compare contributory negligence in this entry

Note: The great majority of states have replaced the doctrine of contributory negligence with that of comparative negligence.

2 : an affirmative defense alleging comparative negligence by the plaintiff

contributory negligence

1 : negligence on the part of a plaintiff that contributed to the injury at issue

2 : a now largely abolished doctrine in tort law: negligence on the part of a plaintiff that contributed to the injury at issue will bar recovery from the defendant also : an affirmative defense based on this doctrine

criminal negligence

: a gross deviation from the standard of care expected of a reasonable person that is manifest in a failure to protect others from a risk (as of death) deriving from one's conduct and that renders one criminally liable

called also culpable negligence

— compare gross negligence in this entry

gross negligence

: negligence that is marked by conduct that presents an unreasonably high degree of risk to others and by a failure to exercise even the slightest care in protecting them from it and that is sometimes associated with conscious and willful indifference to their rights — see also recklessness — compare criminal negligence in this entry

negligence per se \ -​ˌpər-​ˈsā, -​ˈsē \

: negligence that consists of a violation of a statute especially designed to protect the public safety

Note: Recovery may be had on a theory of negligence per se when the harm resulting from the violation is the type that the statute is designed to prevent, the plaintiff is a member of the class of persons sought to be protected by the statute, and the violation is the proximate cause of the plaintiff's injury.

passive negligence

: failure to do something (as to discover a dangerous condition on one's property) that is not a breach of an affirmative duty and that in combination with another's act is a cause of injury

slight negligence

: failure to exercise the great degree of care typical of an extraordinarily prudent person

Note: The category of slight negligence is used much less frequently than ordinary negligence and gross negligence, the other members of a three-level classification that was formerly prevalent.

Which of the following is defined as the failure to act in a reasonable and prudent manner?

Negligence. An unintentional tort (civil or private wrong) defined as the failure to act in a reasonable and prudent manner usually incurring a monetary penalty.

Which of the following is defined as not doing something that a reasonable person would do or doing something that a reasonable person would not do?

malpractice is defined as not doing something that a reasonable person would do or doing something that a reasonable person would not do.

What is the term for incorrect or negligent treatment by a professional?

Definition of malpractice 1 : a dereliction of professional duty or a failure to exercise an ordinary degree of professional skill or learning by one (such as a physician) rendering professional services which results in injury, loss, or damage. 2 : an injurious, negligent, or improper practice : malfeasance.

What are the four elements needed in a negligence case quizlet?

3d §3. The elements of negligence are (1) an act or omission, (2) a duty, (3) breach of that duty, (4) actual cause, and (5) legal or proximate cause.