What Is Negligence In Law?

Negligence is a failure to exercise the care that a
reasonably  prudent  person  would exercise in like  circumstances. It involves harm  caused by carelessness, not intentional harm. According to Jay M. Feinman of the Rutgers University School of Law, “The care idea of negligence is  that people  should exercise reasonable care when they act by taking account of the potential harm that they might foreseeably cause  to other people”. Under negligence law, there are two different  forms of negligence. In one form,  a person  does something that a reasonable person would not do. In the other form, a person fails to  take action tat a reasonable person would take to prevent harm. Both forms of negligence can result in a negligence lawsuit filed against the party responsible  for damage.
Negligence law states that a person or an organisation is generally   liable  when they negligently injure others.  If the injured  party can prove that the responsible  party failed to exercise care that a reasonable person would have  or that, in the circumstances,  the law requires  for the protection of other persons or those interests of other persons, the injured  party may be  entitled to   compensation. If an injured person  has suffered due  to  behaviour, she  has the right to be compensated for physical  or emotional injury, harm to her property or financial status.
Negligence is a legal concept usually  used to achieve  compensation for accidents and injuries. It is a type of  tort but can also be used in criminal law. Most  negligent  acts are unintentional.
There are few imput elements to a Negligence  law suit that must be proven:
1.    The defendant owed a duty, either to the plaintiff  or the general public.
2.    The defendant, violated that duty
3.    The defendant’s violation of the duty resulted in harm to the plaintiff.
4.    The plaintiff’s injury was foreseeable by a reasonable  person.
This can  further be illustrated using a surgeon  who has  a duty  to carry out surgery with utmost care. For example, the said surgeon in a cesarean section  forgot cotton wool in the womb of his patient. It is foreseeable  that a womb that has cotton wool  could cause some  damage  to the patient. It is important  to note  that although the negligence  must be  a factor in the harm  that was caused to the plaintiff,  it does not need to be the only factor before  recovering  compensation.
It was held in Abtan V. Abtan (2003) 10 NWLR (Pt. 829)451 C.A. that,  “the relationship between  a doctor  and his patient is one of trust and confidence, a relationship where one has the power to treat and restore the other to mental and physical well-being.” In the  light of the  above, it is quite  apt to reiterate  the fact that medical  practitioners need to abide by the principles  guiding their profession, among  which is practising their profession with conscience and dignity, the health  of their  patients   being their first consideration.
In the definition of  negligence,  one recurring  issue is the  “duty of care”. It is an obligation to which law will  give  recognition and effect, to conform with a particular  standard or conduct towards another, and the duty is  invariably the same, one must conform to legal standard of reasonable  conduct in the light of apparent risk.

Nkechi Bright Ewere