ACTIONABLE NEGLIGENCE - Black's Law Dictionary

What is ACTIONABLE NEGLIGENCE? Definition of ACTIONABLE NEGLIGENCE in Black's Law Dictionary

The breach or nonperformance of a legal duty, through neglect or carelessness, resulting in damage or injury to another. Fidelity & Casualty Co. v. Cutts, 95 Me. 162, 49 Atl. 673.

It is failure of duty, omission of something which ought to have been done, or doing of something which ought not to have been done, or which reasonable man, guided by considerations which ordinarily regulate conduct of human affairs, would or would not do. Goff v. Emde, 32 Ohio App. 216, 167 N.E. 699, 700. Essential elements are failure to exercise due care, injury, or damage, and proximate cause. Rountree v. Fountain, 203 N.C. 381, 166 S.E. 329, 330.

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