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Basically, a person is negligent when they fail to take the care a reasonable and prudent person would take in the same circumstances.

In order to prove negligence, the plaintiff must show that the allegedly negligent party had an express or implied duty to the plaintiff or the public (such as a lifeguard's duty to remain awake and alert, or a retail store's duty to keep walkways and aisles clear), that the injury to the plaintiff was caused by the action or inaction of the defendant, and that the allegedly negligent action or inaction was not that expected of a reasonable, prudent person faced with the same circumstance.

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Q: What is the legal basis for negligence?
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