Negligence

JurisdictionMaryland

VIII. Negligence

Negligence is a general intent mental state with objective fault. MPC §§ 1.13(15), 2.02(2) (d); LaFave, supra § 5.4(a), at 278.

A. Components

Under objective fault #1, a reasonable person should have been aware of a substantial (or perhaps even less than substantial) and unjustified risk. Under objective fault #2, the defendant's conduct demonstrates a gross deviation from a reasonable person standard of care. The test for negligence is whether there is a negligent disregard for the rights...

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