25 Mar /14

Negligence

The term negligence first appeared in an English publication in 1351 and commonly describes the failure of an individual or group to apply a level of reasonable care and foresight to their actions.

Historically, one of the first professions to face accusations of negligent behaviour was doctors. As early as 1398, John Trevisa remarked in his translation of Bartholomew de Glanville’s De Proprietatibus Rerum that sickness quite frequently results from the lack of knowledge and negligence of physicians.

After more than 700 years, the concept of negligence is now a fixed part of legal terminology and hardly a contract passes muster without reference to gross and slight negligence and hardly a court case comes to an end without reference to contributory and comparative negligence.

Over the years, the concept of negligence has created an expectation of care and responsibility across industries and professions. As a society, we require from doctors, bankers, HR managers, and electricians alike to provide a reasonable standard of care and foresight.

Unlike in the 14th century, refusal to uphold this standard can produce dire consequences, especially in America where in 2012 alone more than 3 billion USD were awarded in settlements.

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