Individuals have a duty of care towards others in various settings, such as public spaces or professional environments.
For instance, motorists have a duty of care towards other individuals on the road and are expected to comply with regulations to prevent motor vehicle accidents; healthcare professionals, including nurses and doctors, have a duty of care towards patients and must adhere to professional standards to avoid claims of medical malpractice; caregivers at assisted living facilities have a duty of care towards residents and must take measures to prevent nursing home injuries, among others.
Negligence refers to the failure to fulfill this duty of care. For example, negligent driving might involve a person driving recklessly and causing an accident through their dangerous behavior. If you sustain injuries as a result of such an accident, you might have a valid personal injury claim against the responsible driver.
The standard used to determine whether “negligence” has occurred is whether an individual’s actions deviate from what a reasonably cautious person would have done in the same circumstances. Negligence can also arise from someone’s failure to do something that a reasonably cautious person would have done in similar circumstances.
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