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Q: What is negligence?

A: Negligence occurs when an individuals fails to act in a manner that any responsible, ordinary person would in that same situation. The way in which a responsible person is defined and how that person would act is a gray area of the law. A good example of negligence would be an individual who is traveling at the speed limit, but suddenly comes upon a heavy rain storm. A responsible person would slow down and turn on their headlights, but a negligent person may proceed on with normal speed and ignore the inclement weather. The determination of negligence is often made by a jury after reviewing the circumstances surrounding an event and the conditions present.





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