Legal Definitions - negligentia

Negligentia is a Latin term from Roman law that refers to a lack of due care or diligence; essentially, it means negligence. It describes a situation where a person fails to act with the level of care that a reasonably prudent person would have exercised in similar circumstances, leading to harm or injury to another.

Here are some examples illustrating the concept of negligentia:

• Imagine a property owner who knows a large, old tree on their land has a severely rotted branch hanging precariously over a public sidewalk. Despite this knowledge, they fail to have the branch inspected or removed. During a mild storm, the branch breaks off and falls, damaging a parked car below. This situation demonstrates negligentia because the property owner failed to exercise reasonable care in maintaining their property, creating a foreseeable risk that resulted in damage.

• Consider a construction company working on a building site next to a busy pedestrian area. The company's safety protocol requires all tools to be secured at the end of the workday. However, one evening, a worker carelessly leaves a heavy wrench on an unsecured ledge several stories up. Overnight, a gust of wind dislodges the wrench, which falls and narrowly misses a passerby, causing them significant distress and minor injuries from dodging. The company's failure to ensure the tool was secured, due to the worker's oversight, would be an instance of negligentia, as it represents a failure to exercise reasonable care in a hazardous environment.

• A veterinarian is treating a dog for a minor ailment. During the examination, the vet becomes distracted by a personal phone call and accidentally administers the wrong medication, which causes the dog to have a severe allergic reaction requiring emergency treatment. This lapse in attention and professional care, leading to harm, would be an example of negligentia, as the veterinarian failed to act with the reasonable care and diligence expected of a professional in their field.