How is negligence determined under common law?

Answer 1

Negligence refers to an action or omission that falls short of a reasonable standard of care. If an employer fails to install standard safety features on machinery, this would, in the least, negligence.

Answer 2

Not in the US. These matters are determined under existing statute law and can be apportioned as a percentage factor of negligence assigned to each of the parties.

Answer

Negligence is a complicated area of law. You must read several good discussions in order to gain an understanding of its various aspects. Briefly:

There is statutory and common law negligence.

Common law negligence is addressed by tort law. There are three main types of torts: intentional, negligence and strict liability. In the category of unintentional torts in civil law, negligence is the most abundant source of common law in the United States. Causes of action in tort include assault, battery, trespass to land, intentional infliction of emotional distress, conversion, false imprisonment, etc. This type of negligence is based on the following:

• Failure of one who owes a duty of care to another to do what a reasonable person would do under the circumstances.
• That failure causes injury to the other person or their property.
• Except for the tortfeasor's act or omission the plaintiff would not have suffered damage.
• The damages were a reasonably foreseeable consequence.

Negligence can also result from a violation of statutory law regarding safety. For example, a motorist drives through a stop sign and hits another car that has the right of way.

See related link for more information.

Answer 3

Briefly describe how negligence is determined under both statutory and common law?