Negligence and How It is Defined

Negligence is the act of failing to do something to prevent harm or negative effect on persons or properties. It is when a professional, who is supposed to be trained well enough is not careful and caused loss or harm upon another.

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Most of these cases are directed at drivers, technicians and doctors, professionals whose jobs are directly involved with people and their lives. But before the 1930's, the law had no way of measuring who is or is not accountable for a person's misfortune.

During 1932, Mrs. Donoghue drank a soda that was bought by her friend and found a decomposed body of a snail in its contents. She suffered from shock and severe gastroenteritis, and sued the ginger-beer manufacturer. In the legal procedures, the manufacturers defended that, while there was a contract or proof of sale between them and the store owner, they had no direct contact to the woman who got sick because of their product. Lord Atkins said this “You must take care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour.”

Unlike accidents, wherein one of the elements is unpredictable (such as rain), negligent incidents could have been prevented had the person practised care, professional ethics, and proper procedures. Due to something as small as a needle, medical practitioners have lost their licenses and right to practice.

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