Negligence is a crucial concept in civil law that plays a significant role in various legal disputes. Under the civil code, negligence can result in liabilities, damages, and legal consequences. In this guide, we’ll delve into the topic of negligence, exploring its definition, elements, and its application under the law.
What is “negligence” under the Civil Code?
The fault or negligence of the obligor consists in the omission of that diligence which is required by the nature of the obligation and corresponds with the circumstance of persons, place, and time.
What is “Legal Injury”?
No obligation will be recognized and enforced by our courts unless the plaintiff can justify said obligation as arising from one of the sources enumerated in Article 1157 of the New Civil Code. Of these sources of obligations, only law, delict, and quasi-delict may be appropriately cited as sources of tort law liability.
The underlying basis for the award of tort damages is the premise that an individual was injured in contemplation of law. Thus, there must first be the breach of some duty and the imposition of liability for that breach before damages may be awarded. The law affords no remedy for damages resulting from an act which does not amount to a legal injury or wrong.
Define “injury”, “damage”, and “damages”.
Injury is the illegal invasion of a legal right; damage is the loss, hurt, or harm which results from the Injury; and damages are the recompense or compensation awarded for the damage suffered.
When is there damage without injury?”
There can be damage without injury in those instances in which the loss or harm was not the result of a violation of a legal duly. In such cases, the consequences must be borne by the injured person alone. The law affords no remedy for damages resulting from an act which does not amount to a legal injury or wrong. These situations are often called damnum absque injuria.
What Is the “test of negligence”?
The test of negligence is: Did the defendant, in doing the alleged negligent act, use that reasonable care and caution which an ordinarily prudent person would have used in the same situation? If not, then he is guilty of negligence.
What constitutes diligence of a good father of a family?
A good father of a family is a reasonable man, a man of ordinary intelligence and prudence, or an ordinary reasonable prudent man.
Note: The Supreme Court explained that the standard of conduct used in the Philippines is that of pater familias in Roman law or that who is referred to in Article 1173 of the New Civil Code as a good father of a family. What should be determined in negligence cases is what is foreseeable to a good father of a family.
What are the degrees of negligence?
The following are the degrees of negligence:
- Simple Negligence- the omission to do something which a reasonable man, guided by those considerations which ordinarily regulate the conduct of human affairs, would do, or the doing of something which a prudent and reasonable man would not do. It is the failure to observe for the protection of the interest of another person that degree of care, precaution, and vigilance which the circumstances justly demand, whereby such other person suffers injury; and
- Gross Negligence – negligence characterized by the want of even slight care, acting or omitting to act in a situation where there is duty to act, not inadvertently but willfully and intentionally, with a conscious indifference to consequences insofar as other persons may be affected.
When is fault or negligence presumed?
Fault or negligence is presumed in the following cases:
- In motor vehicle mishaps. it is disputably presumed that a driver was negligent if he had been found guilty of reckless driving or violating traffic regulations at least twice within the preceding 2 months;
- Unless there is proof to the contrary, it is presumed that a person driving a motor vehicle was negligent it at the time of the mishap, he was violating any traffic regulation;
- There is prima facie presumption of negligence on the part of the defendant if the death or injury results from his possession of dangerous weapons or substances, such as firearms and poison, except when the possession or use thereof is indispensable in his occupation or business; and
- In case of death or injuries to passengers, common carriers are presumed to have been at fault or acted negligently, unless they prove that they observed extraordinary diligence prescribed in Articles 1733 and 1755.
What are the defenses in negligence cases?
The defenses applied in negligence cases are the following:
- Fortuitous event – an event which could not be foreseen, or which though foreseen, was inevitable
- Assumption of risk (volenti non fit injuria) – A person who voluntarily exposes himself to an obvious, known and appreciated danger assumes the risk of injury that may result therefrom;
- Violation of statute by the victim – It is treated generally as negligence per se, except when the law or rules specifically provide for a different rule. The effect would depend on whether the violation is:
- Merely contributory negligence – partial defense.
- The proximate cause of the loss – complete defense; or
- Neither contributory nor the proximate cause of the loss – proof of causation required;
- Prescription – An action based on quasi-delict prescribes in four (4) years from the date of the accident– to be counted from the last element of the commission of an act or omission violative of the right of the plaintiff;
- Plaintiff’s own negligence – When the plaintiff’s own negligence was the immediate and proximate cause of his injury, he cannot recover damages;
- Involuntariness – a complete defense in quasi-delict cases
- Contributory Negligence – when the party’s act showed lack of ordinary care and foresight that such act could cause him harm or put his life in danger.
What are the requisites of the doctrine of assumption of risk?
As a defense in negligence cases, the requisites are:
- The plaintiff must know that the risk is present;
Note: The knowledge must be of a specific risk and not merely of a general danger.
- He must further understand its nature; and
- His choice to incur it must be free and voluntary.
Note: The third requisite does not apply if an emergency is found to exist or if the life or property of another is in peril, or when the person seeks to rescue his endangered property.
What is the “emergency, rule”?
Under the emergency rule, one who, suddenly finds himself in a place of danger, and is required to act without time to consider the best means that may be adopted lo avoid the impending danger, is not guilty of negligence, if he fails to adopt what subsequently and upon reflection may appear to have been a belter method, unless the danger in which he finds himself Is brought about-by his own negligence.
Understanding negligence under the civil code is essential for anyone involved in legal matters. Whether you’re a plaintiff seeking justice or a defendant looking to protect your interests, knowledge of negligence and its elements is key to navigating the complexities of civil law. Always consult with legal professionals to ensure you fully understand your rights and responsibilities in negligence cases.
Source:
The New Civil Code
