Negligence
Failure to use that degree of care which an ordinary person of reasonable prudence would use under the given or similar circumstances. A person may be negligent by acts of omission or commission or both. In order for negligence to exist, four elements must be present: 1) duty to act; 2) breach of the duty to act; 3) occurrence of injury or damage; and 4) negligence as the proximate cause of the injury or damage. If any of these elements is absent , negligence does not exist, and the tortfeasor will not be held liable due to negligence.
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