ACTIVE NEGLIGENCE Meaning and
Definition
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Active negligence refers to a legal concept that describes a specific form of negligence where an individual or entity actively behaves in a manner that directly causes harm or injury to another party. Negligence, in general, denotes the failure to exercise proper care or act reasonably under similar circumstances, resulting in foreseeable harm or damage. However, active negligence takes this notion a step further by emphasizing deliberate or intentional actions by the negligent party that directly cause the harm suffered by another.
Active negligence implies a conscious disregard for the safety and well-being of others, where an individual or entity knowingly engages in reckless, dangerous, or harmful behavior. This behavior may involve direct actions, such as physical assault or purposely causing an accident, or indirect actions, such as intentionally providing incorrect information or knowingly using faulty equipment. In all cases, active negligence focuses on the deliberate, volitional, and causative actions of the negligent party.
For example, if a driver intentionally runs a red light, knowing that it may result in a collision and injury to pedestrians or other drivers, this would be considered an act of active negligence. Another instance might involve a doctor intentionally prescribing an incorrect dosage of medication, fully aware of the potential harm it could inflict on a patient. In both cases, the negligent party is actively engaging in behavior that directly and knowingly leads to harm or injury.
Active negligence is a significant factor in determining the liability of the negligent party in legal matters. It can result in civil lawsuits, criminal charges, or disciplinary action, depending on the context and severity of the harm caused.
Etymology of ACTIVE NEGLIGENCE
The term "active negligence" is formed by combining two words with distinct origins.
1. Active: The word "active" comes from the Latin word "activus", which means "engaged in action" or "to do". In English, the word has been used since the early 14th century to describe someone or something that is characterized by action, energy, or movement.
2. Negligence: The word "negligence" has its roots in the Latin word "negligentia", which means "carelessness" or "heedlessness". It entered the English language in the mid-14th century and refers to the failure to exercise the level of care that a reasonably prudent person would do in similar circumstances, resulting in harm or damage to others.
When combined, "active negligence" refers to a legal concept that involves the deliberate or intentional failure to exercise reasonable care, resulting in harm to others.
