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Legal Definitions - casual negligence

LSDefine

Definition of casual negligence

Casual negligence refers to a minor or slight failure to exercise the reasonable care that a prudent person would in a given situation. It typically involves a momentary lapse of attention, a small oversight, or a minor act of carelessness that falls below the expected standard of conduct, but without the extreme disregard for safety or duty that might characterize more severe forms of negligence.

Here are some examples illustrating casual negligence:

  • Example 1: Retail Environment

    Imagine a shopper in a grocery store who is momentarily distracted by a text message on their phone. While looking down, they accidentally nudge a display of canned goods, causing a few cans to fall and become slightly dented. No one is injured, and the store can still sell the cans at a reduced price.

    This illustrates casual negligence because the shopper's distraction represents a minor failure to pay full attention to their surroundings, which is a reasonable expectation in a public space. While it caused minor property damage, it was not a reckless act, but rather a brief moment of inattention, fitting the description of casual negligence.

  • Example 2: Home Maintenance

    Consider a homeowner who is watering their garden and temporarily leaves a garden hose stretched across a dimly lit pathway in their yard. A visitor, not noticing the hose in the low light, trips over it but only stumbles slightly and catches themselves, suffering no injury.

    The homeowner's oversight in leaving the hose in a potentially hazardous spot, even temporarily and in a private setting, demonstrates a minor lack of reasonable care for the safety of visitors. Since no significant harm occurred and the oversight was brief, it exemplifies casual negligence.

  • Example 3: Office Setting

    An office worker, rushing to meet a deadline, quickly reaches for their coffee mug and accidentally spills a small amount on a colleague's desk. The spill slightly dampens a non-critical document that can easily be reprinted, but it causes no damage to electronics or important, irreplaceable files.

    The worker's haste led to a minor act of carelessness – spilling coffee. While it caused a slight inconvenience and minor damage to a document, it was not a deliberate act or a major disregard for office protocols or safety, thus fitting the description of casual negligence.

Simple Definition

Casual negligence is not a formal legal term distinct from "negligence." It generally refers to ordinary negligence, which is the failure to exercise the reasonable care that a prudent person would in a similar situation, resulting in harm. This implies a lack of due care without the severity of gross or willful misconduct.

A 'reasonable person' is a legal fiction I'm pretty sure I've never met.

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