How does the Common Law define ‘Negligence’?
Under common law ‘Negligence’ generally means careless or inadvertent conduct that results harm or damage which is quite common in automobile accidents. One can be negligent in two ways- First, by failing to do what needs to be done to avoid an accident. Secondly, by actively doing something (such as running a red light) that can result in an accident. 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.
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