What does pure negligence mean?
Under pure negligence, the defendant's actions fall significantly below the standard of care that a reasonable person would exercise in the same circumstances. It suggests a complete disregard for the rights or safety of others and demonstrates an extreme indifference to the potential consequences of one's actions.
Pure negligence is often distinguished from ordinary negligence, which involves a failure to exercise reasonable care. While ordinary negligence may result from simple mistakes or inadvertent errors, pure negligence suggests a conscious disregard for the safety or well-being of others.
In legal proceedings, pure negligence may lead to increased liability and potentially greater damages awarded to the injured party. It can also impact insurance coverage, as some policies may exclude coverage for intentional acts or gross negligence.
Establishing pure negligence requires clear and convincing evidence of the defendant's extreme carelessness or willful misconduct. Courts may consider factors such as the nature and severity of the harm caused, the degree of risk involved, and whether the defendant knew or should have known of the potential consequences of their actions.