Negligence

Every person must behave in a way which is in conformity with the standard behavior established by law. A person commits a negligent act when he deviates from the standard behavior expected of a prudent man acting under similar situation. In the cases involving negligent acts, the injured person is the plaintiff and he has to prove that the defendant owes a duty of care to the plaintiff. The plaintiff has to establish that the defendant has breached the duty and it has resulted in loss or damage to him or her. Valid defenses available to the defendant are “comparative negligence” and “assumption of risks.”