negligent, adj. Characterized by a person’s failure to exercise the degree of care that someone of ordinary prudence would have exercised in the same circumstance (the negligent driver went through the stop sign) (negligent construction caused the bridge to collapse). [Cases: Automobiles 146; Negligence 200, 232. C.J.S. Motor Vehicles §§ 18, 41, 500–503, 506–510, 545–546, […]
no-eyewitness rule. Torts. The largely defunct principle that if no direct evidence shows what a dead person did to avoid an accident, the jury may infer that the person acted with ordinary care for his or her own safety. • In a jurisdiction where the rule persists, a plaintiff in a survival or wrongful-death action
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recklessness, n. 1. Conduct whereby the actor does not desire harmful consequence but nonetheless foresees the possibility and consciously takes the risk. • Recklessness involves a greater degree of fault than negligence but a lesser degree of fault than intentional wrongdoing. [Cases: Negligence 274. C.J.S. Negligence §§ 104–105, 109.] 2. The state of mind in
degree of care 注意程度 确定某一行为是否构成过失〔negligence〕的相对标准，即根据不同的情形而应具备的注意标准。 (→care; due care; extraordinary care; great care; ordinary care; prudence; reasonable care; slight care; utmost care)