Question

- the best way to remember what constitutes negligence is ABCD. A Breach of duty that...

- the best way to remember what constitutes negligence is ABCD.

A Breach of duty that Causes Damages.

Can you provide an example?

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Answer #1

Negligence may be defined as 'the breach of a legal duty to take care that results in damage undesired by the defendant to the claimer. It is an independent tort. It involves harm caused by failing to act as form of carelessness possibly with extenuating circumstances. Someone who suffers loss caused by another's negligence may be able to sue fro damages to compensate for their harm. Such loss may include physical injury, harm o property, psychiatric illness or economic loss. These negligence assessed by actions like assessment of duty, breach, actual cause, proximate cause and damages.

For instance, a caregiver in a hospital who is not paying attention and who gives someone a deadly dose of a medication could be considered criminally negligence.

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