Florida Basic Recruit Training Program High Liability (First Aid) Practice Exam

What is a common characteristic of "negligence" in legal terms?

1. Active malice towards another

2. Consent from theaffected party

3. Failure to avoid unreasonable risk of harm

4. Intent to harm

The correct answer is: Failure to avoid unreasonable risk of harm

In legal terms, negligence is characterized by a failure to act with the level of care that a reasonably prudent person would exercise under similar circumstances, resulting in an unreasonable risk of harm to others. This means that the individual did not take necessary precautions to prevent harm, leading to an incident that might have been avoided had they acted more carefully. For example, if a driver fails to adhere to traffic rules or operates a vehicle recklessly, they are not taking the proper precautions to ensure the safety of themselves and others. This lack of reasonable action constitutes negligence. The other options do not capture the essence of negligence correctly. Active malice towards another implies intentional wrongdoing, which is outside the scope of negligence. Consent from the affected party suggests that the injured party agreed to the risk, which can absolve the negligent party of liability in some cases but does not define negligence itself. Intent to harm also indicates a deliberate action to cause damage, contrasting with the unintentional nature of negligence. Therefore, the defining feature of negligence is indeed the failure to avoid unreasonable risk of harm.