ACTIONABLE NEGLIGENCE Meaning and
Definition
-
Actionable negligence refers to a legal concept in which a person is held responsible for their actions or omissions that result in harm or injury to another individual or their property. It is a term commonly used in tort law to establish the grounds for a civil lawsuit.
To be considered actionable, negligence must satisfy certain elements. First, the individual or party being accused must have owed a duty of care to the person who suffered harm. This duty of care implies that the accused party had a legal obligation to act reasonably to protect others from foreseeable risks or hazards.
Secondly, the accused party must have breached their duty of care. This means that they failed to act as a reasonably prudent person would have done in similar circumstances, thereby creating an unsafe environment or situation.
Thirdly, this breach of duty must be the proximate cause of the harm or injury sustained by the victim. In other words, there must be a direct link between the actions or inactions of the accused and the resulting consequences.
Lastly, the harm suffered by the victim must also be proven. This can include physical injuries, emotional distress, property damage, or financial losses.
When someone's negligence meets all these criteria, it becomes actionable, meaning that the victim has the legal right to seek compensation or damages through a civil lawsuit.
Etymology of ACTIONABLE NEGLIGENCE
The term "actionable negligence" is composed of two words: "actionable" and "negligence".
1. Actionable: The word "actionable" is derived from the verb "to act". It is an adjective that means capable of being acted upon, capable of legal action, or actionable in a legal sense. It comes from the Latin word "actionabilis", which is derived from the verb "agere", meaning "to do" or "to act".
2. Negligence: The word "negligence" is derived from the Latin verb "negligere", which means "to disregard" or "to neglect". It is a noun that refers to the failure to exercise the level of care or caution that a reasonable person would in a similar situation. In legal terms, negligence is the basis for many lawsuits seeking compensation for damages or injuries caused by someone's failure to exercise reasonable care.
