June 8, 2024

Negligence in Indian law refers to the failure to exercise reasonable care or caution in one’s actions or omissions, resulting in harm or injury to another person or their property. It is a fundamental concept in tort law, which holds individuals or entities responsible for the foreseeable consequences of their negligent conduct. To establish negligence, the plaintiff must prove four elements: duty of care, breach of duty, causation, and damages. Duty of care refers to the legal obligation to act reasonably and prudently to avoid causing harm to others. Breach of duty occurs when a person fails to meet the standard of care expected in a given situation. Causation requires a direct link between the defendant’s breach of duty and the plaintiff’s harm. Damages refer to the actual harm or loss suffered by the plaintiff as a result of the defendant’s negligence. Negligence may arise in various contexts, including automobile accidents, medical malpractice, premises liability, and professional negligence. Courts in India adjudicate negligence claims based on the facts and circumstances of each case, considering the standard of care applicable to the defendant’s conduct and the foreseeable risks involved. Negligence law aims to promote safety, accountability, and compensation for victims of careless or reckless behaviour, fostering a culture of responsibility in society.


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