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Simple English definitions for legal terms
collateral negligence
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A quick definition of collateral negligence:
Negligence is when someone doesn't take enough care and causes harm to someone else. It can be accidental or on purpose. If someone is negligent, they didn't do what a careful person would have done in the same situation. Negligence can lead to a lawsuit where the person who was harmed can try to get compensation for their injuries. There are different types of negligence, like active negligence (when someone does something that causes harm) and passive negligence (when someone doesn't do something they should have done to prevent harm).A more thorough explanation:
Definition: Collateral negligence refers to the negligence of an independent contractor, for which the employer is generally not liable. Negligence is the failure to exercise the standard of care that a reasonably prudent person would have exercised in a similar situation. It is any conduct that falls below the legal standard established to protect others against unreasonable risk of harm, except for conduct that is intentionally, wantonly, or willfully disregardful of others' rights. The term denotes culpable carelessness.
Example: A construction company hires an independent contractor to install electrical wiring in a building. If the independent contractor is negligent and causes damage to the building, the construction company may not be held liable for the damages caused by the independent contractor's negligence. This is an example of collateral negligence.
This example illustrates that the employer is not responsible for the actions of an independent contractor, and therefore, cannot be held liable for any damages caused by the independent contractor's negligence.