negligence

A word of broad significance which may not readily be defined with accuracy. Jamison v Encarnacion, 281 US 635, 74 L Ed 1082, 50 S Ct 440. The lack of due diligence or care. A wrong characterized by the absence of a positive intent to inflict injury but from which injury nevertheless results. Haser v Maryland Casualty Co. 78 ND 893, 53 NW2d 508, 33 ALR 1018. In the legal sense, a violation of the duty to use care. Fort Smith Gas Co. v Cloud (CAS Ark) 75 F2d 413, 97 ALR 833. The failure to perform an established duty which proximately causes injury to the plaintiff. Northern Indiana Transit v Burk, 228 Ind 162, 89 NE2d 905, 17 ALR2d 572. The failure to exercise the degree of care demanded by the circumstances; the want of that care which the law prescribes under the particular circumstances existing at the time of the act or omission which is involved. The omission to do something which a reasonable man, guided by those considerations which ordinarily regulate human affairs, would do, or doing something which a prudent and reasonable man would not do. 38 Am J1st Negl § 2. More particularly, the failure of one owing a duty to another to do what a reasonable and prudent person would ordinarily have done under the circumstances, or doing what such person would not have done, which omission or commission is the proximate cause of injury to the other. 28 Am J1st Negl § 2. A negligent act is one from which an ordinarily prudent person would foresee such an appreciable risk of harm to others as to cause him not to do the act, or to do it in a more careful manner. Haralson v Jones Truck Lines, 223 Ark 813, 270 SW2d 892, 48 ALR2d 248. What constitutes "operation" or "negligence in operation" within statute making owner of motor vehicle liable for negligence in its operation. Anno: 13 ALR2d 378.