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Neglect is when someone is held accountable for allowing access to an item that causes harm. Negligent custody occurs when someone makes a poor decision about access to a potentially harmful item. In a lawsuit, the plaintiff must prove that the defendant was a principal, damage occurred, and the defendant knew or should have known the risk. The person who caused the harm is not a party to the case.
Neglect is a problem that occurs when a person is accused of using poor judgment by allowing someone access to an item that causes harm. In many jurisdictions, a civil suit can be brought against the person who granted access to the item even if she did not use it herself when the damage was done. A good example of careless custody is a gun owner who lends a gun to a friend with known anger issues.
Neglect is a principle addressed in many legal codes that holds people accountable for making bad decisions. Custody is a tort that occurs when a person makes a poor decision about access to an item that may be harmful. Even if the item is not normally considered dangerous, if it is foreseeable that a person may use it recklessly, the obligee may be held liable. Such a case could arise if a person lends a vehicle to a drunk individual.
The two parties in a negligent custody lawsuit are the plaintiff, who is usually the individual who has been harmed in some way, and the defendant, who is accused of negligently providing access. While the actions and status of the person who actually caused the harm may be relevant to the case, this individual is not a party to the case. When negligent custody results in a civil suit, there are generally a number of elements that must be proved by the plaintiff if he is to win the case.
First, it must be proved that the defendant was a principal. This means that he consented or actively participated in the decision to allow the inconsiderate party access to the object that caused the damage. A person cannot be sued for wrongful custody due to an accident if, for example, his car was stolen.
Damage is another aspect that needs to be proven. The plaintiff is usually required to prove that there was an adverse outcome from the defendant’s negligent conduct. If a person lends their car to a drunk driver, that act alone is usually not sufficient grounds for a lawsuit.
Another important element that the plaintiff generally has to prove is that the defendant knew, or should have known, that entrusting a particular item to a particular person was a bad decision. That Jerry allows John to borrow his shotgun and John shoots someone does not automatically mean that Jerry can be held responsible. However, if Jerry knew that John has been instructed to participate in anger management programs on several occasions, Jerry could be held responsible because it could be argued that a reasonable person would have foreseen the danger.
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