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Actionable Negligence

Definition - What does Actionable Negligence mean?

Actionable negligence is an omission of an act that results in an accident. An example of this would be if the shopping center floors are mopped and a sign is not put up cautioning of a 'wet floor.' If someone were to slip on the floor in the absence of the sign, the shopping mall would be responsible and would have committed actionable negligence. Punitive damages can be attached to actionable negligence as well as actual damages.

The elements that make up actionable negligence are:

  1. There must be a duty to perform or not perform a certain action;
  2. That duty must be breached;
  3. Breaching the duty must be the reason that the injury or injuries occurred; and
  4. There must be damages.

Justipedia explains Actionable Negligence

The breach of a duty that should be undertaken as a result of neglect or carelessness is considered actionable negligence. This means that due to not taking action of some kind, the person or business is negligible.

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