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What is Negligence

Handbook of Research on Social Interaction Technologies and Collaboration Software: Concepts and Trends
An act which a reasonable person would recognize as involving risk of harm to another (Restatement, 1965, § 291). Negligence is a tort (a civil wrong) for which the victim may bring a lawsuit against the negligent party to recover damages suffered as a result of the negligent conduct.
Published in Chapter:
Legal Issues Associated with Emerging Social Interaction Technologies
Robert D. Sprague (University of Wyoming, USA)
DOI: 10.4018/978-1-60566-368-5.ch031
Abstract
This chapter focuses on legal issues that may arise from the increasing use of social interaction technologies; prospective employers searching the Internet to discover information from candidates’ blogs, personal web pages, or social networking profiles; employees being fired because of blog comments; a still-evolving federal law granting online service providers sweeping immunity from liability for userpublished content; and attempts to apply the federal computer crime law to conduct on social networking sites. The U.S. legal system has been slow to adapt to the rapid proliferation of social interaction technologies. This paradox of rapid technological change and slow legal development can sometimes cause unfairness and uncertainty. Until the U.S. legal system begins to adapt to the growing use of these technologies, there will be no change.
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More Results
Medical Liability Defined by Guidelines
It is the subjective element of the conduct. It integrates when the agent does not behave diligently according to the rule of “good family father”. It can be slight (in italian “generic”) or gross. Latter appearances mostly in cases of professional responsibility. The relevant conduct is due to inexperience, imprudence and negligence. Finally, the negligence may relate to a civil or criminal offence.
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30 of the Communications Decency Act: How ISPs and Users are Legally Exempted from Offensive Materials
Any conduct that falls below an established legal standard that already exists to protect others from harm.
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