Negligence concerns harm that arises intentionally is always substantial is unforseeable arises by accident, but is forseeable
Which of the following statements accurately describes negligence?
A) Negligence concerns harm that arises intentionally.
B) Negligence is always substantial in nature.
C) Negligence is unforeseeable.
D) Negligence arises by accident, but is foreseeable.
The Correct Answer and Explanation is:
The correct answer is D) Negligence arises by accident, but is foreseeable.
Explanation:
Negligence refers to the failure to exercise the level of care that a reasonable person would under similar circumstances, leading to harm or injury to another person. The key elements of negligence include:
- Duty of Care: The individual had a legal duty to exercise care towards others.
- Breach of Duty: The individual failed to meet that standard of care.
- Causation: The breach of duty directly caused harm or injury.
- Damages: Actual harm or injury resulted from the breach.
In the context of this question, let’s review each option:
- A) Negligence concerns harm that arises intentionally.
This is incorrect. Negligence involves unintentional harm. If harm arises intentionally, the act is considered intentional tort (such as assault or battery), not negligence. - B) Negligence is always substantial in nature.
This is incorrect. Negligence can result in harm of varying degrees. The harm may not always be substantial, though it must be real and proven in court. - C) Negligence is unforeseeable.
This is incorrect. One of the key aspects of negligence is that the harm must be foreseeable. A reasonable person could foresee the potential harm that could occur due to the action or inaction, which is why the individual is held liable. - D) Negligence arises by accident, but is foreseeable.
This is correct. Negligence usually involves an accident, but the harm caused is typically foreseeable. For example, a driver failing to stop at a red light may accidentally cause an accident, but it is foreseeable that running a red light could lead to a collision.
In negligence cases, foreseeability plays a crucial role. If a person could have reasonably predicted that their actions (or lack thereof) would lead to harm, they may be held accountable for negligence, even if the harm was accidental. Thus, the best choice is D, as it correctly encapsulates the nature of negligence: unintentional harm that is foreseeable.