active negligence


active negligence
A term of extensive meaning embracing many occurrences that would fall short of willful wrongdoing, or of crass negligence, for example, all inadvertent acts causing injury to others, resulting from failure to exercise ordinary care; likewise, all acts the effects of which are misjudged or unforeseen, through want of proper attention, or reflection, and hence the term covers the acts of willful wrongdoing and also those which are not of that character. Cohen v. Noel, Tenn.App., 104 S.W.2d 1001, 1005.
Active negligence denotes some positive act or some failure in duty of operation which is equivalent of a positive act and is omission of due care and affirmative action by person in control, or negligence occurring in connection with activities conducted on the premises. Pachowitz v. Milwaukee & Suburban Transport Corp., 56 Wis.2d 383, 202 N.W.2d 268, 275.
Difference between "active" and "passive" negligence is that one is only passively negligent if he merely fails to act in fulfillment of duty of care which law imposes upon him, while one is actively negligent if he participates in some manner in conduct or omission which caused injury. King v. Timber Structures, Inc. of Cal., 240 C.A.2d 178, 49 Cal.Rptr. 414, 417.
See also negligence; passive negligence

Black's law dictionary. . 1990.

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