How does the Common Law define ‘Negligence’?
As per common law, the term ‘negligence’ refers to any careless or inadvertent actions that result in harm and/or damage to others. That being said, negligence is quite common in automobile accidents and it is of two kinds – the first is where one fails to do what needs to be done to avoid an accident. The second is where one actively does something that will result in an accident – a classic example, in this case, is running a red light.
On the other hand, reckless or wanton conduct refers to intentional disregard for the safety and welfare of others. Strict liability under ‘Negligence’ may also be imposed in some cases, even in the absence of fault. For example, if the accidents involved certain defective products or extra hazardous activities such as the transporting of explosive chemicals without taking adequate safety measures and endangering others in the process.