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Legal Definitions - advertent negligence

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Definition of advertent negligence

Definition: Advertent negligence is a type of negligence where the person responsible for an action is aware of the unreasonable risk they are creating. It is also known as willful negligence or supine negligence.

Examples: An example of advertent negligence is a driver who is aware that their car has faulty brakes but still chooses to drive it, putting themselves and others at risk of an accident. Another example is a construction worker who knowingly fails to secure a ladder properly, causing it to fall and injure someone.

Explanation: In both examples, the person responsible for the action is aware of the potential harm they are causing but chooses to proceed anyway. This type of negligence is considered more serious than inadvertent negligence, where the person responsible is not aware of the risk they are creating. Advertent negligence can result in legal consequences and liability for damages.

If the law is on your side, pound the law. If the facts are on your side, pound the facts. If neither the law nor the facts are on your side, pound the table.

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Simple Definition

Advertent negligence is when someone is aware that their actions could cause harm, but they still do it anyway. It is a type of negligence where the person is being careless and not taking the necessary precautions to prevent harm. This is different from unintentional negligence, where the person may not have realized the risk they were creating. Advertent negligence is also known as willful negligence or reckless behavior.

Ethics is knowing the difference between what you have a right to do and what is right to do.

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If the law is on your side, pound the law. If the facts are on your side, pound the facts. If neither the law nor the facts are on your side, pound the table.

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