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Understanding The Elements of Negligence
Negligence is usually defined as the failure to act in a way, or attain a standard of care, that a hypothetical "reasonable person" would act or attain under similar circumstances. That results in some harm to another person or entity. This "reasonable person" is not a real person. Instead, it is a theoretical one (a "legal fiction") who has essentially the same experience and training as the insured does.
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