There is no end to the variety of incidents that may cause people harm, some of which are quite strange and others beyond one’s imagination. From car accidents to careless mishaps, regardless of the incidents, the law looks at one simple question to determine who is legally responsible. Did the person involved in that incident act reasonably or carelessly in a way that contributed to the incident’s occurrence? Another way to put it is, “Was the person negligent?”
Negligence reminds us that we frequently do and cause things unknowingly, sometimes with disastrous consequences. Some might argue that because of the lack of foresight and intention, people should not be held liable for negligence. This straightforward definition reflects deeper truths about negligence. We have limitations; we cannot anticipate all risks and cannot handle everything at once. We are all fallible and occasionally fail to attend to important matters. Inadvertently or not, we sometimes contribute to harm that could have been avoided.
No specific intent, awareness, or choice is involved in negligence; it easily generates ambiguity about culpability. The careless person had no intention of causing harm, neither did he have any idea that he was putting anyone in danger. While one instance of negligence may go unnoticed and cause no harm, another may cause significant harm and suffering.
We may be more or less optimistic about how far people can truly predict and fully understand the consequence of their actions in terms of both social and moral significance and material consequences. However, such control is an achievement, not a default—even to an adult’s self-conscious mental decisions. In the case of negligence, the person is likely to become aware of his lack of control only after the incident, when some unintended, unforeseen risk materializes. Hopefully, he will regret it, as someone who willingly does wrong may not. And with realization, one may learn and improve through his mistakes and oversights.