Negligence

Term: NegligenceDefinition: Negligence is a legal concept where a party fails to exercise the care that a reasonably prudent person would exercise in similar circumstances, leading to harm or injury to another party. In asbestos litigation, negligence can be a basis for holding companies liable for exposing individuals to asbestos.Phonetic Pronunciation: (NEG-li-jens)Origin: The term "negligence" derives from the Latin word "negligentia," meaning "carelessness" or "neglect." It has been a fundamental concept in tort law since Roman times, evolving through English common law to become a central principle in modern legal systems.Significance in Asbestos Context: In asbestos cases, proving negligence is crucial for plaintiffs seeking compensation. It involves demonstrating that a company knew or should have known about the dangers of asbestos and failed to take adequate measures to protect workers or the public from exposure. This can significantly impact the outcome of asbestos-related lawsuits.Example Sentence: The plaintiff argued that the company's negligence in failing to provide proper asbestos safety equipment directly led to his mesothelioma diagnosis.Related Terms: Duty of Care, Breach of Duty, Causation, Liability, TortNotes: - Negligence is often confused with recklessness, but they are distinct; negligence involves a lack of due care, while recklessness involves a conscious disregard of a known risk. - In asbestos cases, negligence can be attributed to both employers and manufacturers. - The standard of care expected in asbestos cases can vary based on the time period and available knowledge about asbestos hazards.