Concept of Negligence situation?

If not, then he is guilty of

negligence.
Negligence- it is the omission to do
something and failure to observe the Degrees of Negligence
degree of care, precaution and Slight negligence
vigilance which results to Ordinary negligence
injury/harm to another. Gross negligence
Slight negligence is the failure to
Article 1173 defines negligence
as the omission of that degree of Ordinary negligence
diligence which is required by the This results when an individual fails
nature of the obligation and to do something a reasonably
corresponding to the circumstances careful person would do or
of persons, time and place. reasonably careful person would not
do in that type of situation. In an
Actionable negligence may either ordinary negligence case, the
be culpa contractual, culpa wrongdoer was not aware of the
aquiliana and criminal negligence. failure or that his action or omission
could harm another person.
Thus, an action for damages for the
negligent acts of the defendant may For example, a pet owner who
be based on contract, quasi-delict or forgot to close the gate of his house,
delict. then his pet dog run away, and
there’s a motorcycle, and that
The bases of liability are separate motorcycle bumped in that dog and
and distinct from each other even if got into an accident because of that
only one act or omission is involved. dog then I think the pet owner might
be found guilty of ordinary
Factors or Test to determine the negligence.
existence of negligence Again, it's not necessary for the
person to intend to cause harm in
Whether or not defendant in doing order for negligence to occur.
the alleged negligent act use that
reasonable care and caution which Gross Negligence-
an ordinarily prudent person would  It is the lack of any diligence or care
have used in the same regarding welfare of other people
and it implies a thoughtless
Degree of Care required consequences and lack of concern
The degree of care required as to whether harm might result.
depends upon the person. Example: when A vehicle driver
For example the Minor, we cannot who drives with the high speed
expect a child to have a capacity of through a crowded urban area may
care as an adult. be acting in a degree of gross
The capacity of care that we expect negligence.
to aperson must be accordance to
his or her age and experience.
Standard of conduct- this is the
expected level of conduct required
to a person corresponding to the
circumstances.
The most common standard of
conduct- That of a good father of a
family.

*Disabled Person is required to use

the same degree of care that a
reasonably careful person with
same disability would use.

Relevance of Article 1173 of the

NCC

Proximate Cause- defined under

the law as cause which, in natural
and continuous sequence, unbroken
by any efficient intervening cause,
produces the injury, and without
which the result would not have
occurred. (Vda. de Bataclan v.
Medina, G.R. No. L-10126, 1957).

A proximate cause is the cause

sufficiently related to an injury.

The proximate cause of the injury is

not necessarily the immediate cause
of, or the cause nearest in time to,
the injury. It is only when the causes
are independent of each other that
the nearest is to be charged with the
disaster. So long as there is a
natural, direct and continuous
sequence between the negligent act
and the injury that it can reasonably
be said that but for the act the injury
could not have occurred, such
negligent act is the proximate cause
of the injury, and whoever is
responsible therefore is liable for
damages resulting therefrom.
(Brinas v. People of the Philippines,
G.R. L-30309, 1983)

Proximate cause in relation to

negligence