This is a small sample of the definition for Neligence in Dean's Law Dictionary.
n. The failure to exercise a standard of care that a reasonably prudent person would have exercised in the same or similar situation. Conduct that falls below the standard established by law for the protection of others against unreasonable risk of harm. The quality or state of being negligent; lack of due diligence or care; omission of duty; habitual neglect; heedlessness. An act or instance of negligence or carelessness.
- (Law) The omission of the care usual under the circumstances, being convertible with the Roman culpa.
Negligence is the failure to do what a reasonable and prudent person would ordinarily have done under the circumstances, or doing what such person under the existing circumstances would not have done. 95 U.S. Reports, p. 441, R. R. Co. vs. Jones. The degree of care which the law expects, and the omission of which is negligence, is that degree which men of ordinary prudence would exercise in a given situation. Negligence is a matter of risk -- that is to say, of recognizable danger of injury. In most instances, it is caused by an act of heedlessness or carelessness, where the negligent party is unaware of the results which may follow from his act. But it may also exist where he has considered the possible consequences carefully and has exercised his own best judgment.
A plaintiff in a case of damages ex delicto must make his case certain; a probable case will not satisfy the exigency of the law. 16 La. Ann. 121; 15 La. Ann. 105; 16 La. Ann. 151; 21 La. Ann. 185. Negligence must be affirmatively proven. 15 La. Ann. 115; 27 La. Ann. 229; 11 La. Ann. 292; 23 La. Ann. 726; 18 La. 340; 35 La. Ann. 695 and 498; Wharton on Negligence, § 360, 871-2 and 899; Pierce on Railroads, 423; Thompson on Negligence, vol. 1, p. 512, § 15. The burden of proof is on the plaintiff to show the defendant company's negligence whenever its liability for an injury depends on its negligence, and the negligence must be affirmatively proven. Thompson on Negligence, vol. 1, p. 512, sec. 15; Pierce on Railroads, p. 423; Wharton on Negligence, secs. 860, 871-2, 899; Fleytas vs. Pontchartrain Railroad, 18 La. 340; Klein vs. Railroad Company, 23 An. 726; Perkins & Billin vs. Morgan, 27 La. Ann. 229; Knight vs. Opelousas Railway Case, 15 La. Ann. 115; Hill vs. Opelousas, 11 La. Ann. 292; 35 La. Ann. 694; 36 La. Ann. 244. ......