#34 · 2026-09-09 · Legal term
Negligence
Negligence fits the shopkeeper's unreasonable failure to address a known hazard. The facts connect that breach to a foreseeable physical injury; an accident alone would not establish every element.
Rule to remember
Negligence is a breach of a legal duty of reasonable care that actually and proximately causes legally recognized harm.
Key elements and checks
- Duty and breach.
- Actual cause and proximate cause.
- Compensable harm.
In the source’s words
“failure to behave with the level of care that a reasonable person would have exercised under the same circumstances”
Cornell Wex — Negligence
Premises duties and defenses vary by jurisdiction; identify the governing standard before applying it.