Page - GENERAL NEGLIGENCE
The failure to use reasonable care. The doing of something which a reasonably prudent person would not do, or the failure to do something which a reasonably prudent person would do under like circumstances. A departure from what an ordinary reasonable member of the community would do in the same community.
Negligence is a ‘legal cause’ of damage if it directly and in natural and continuous sequence produces or contributes substantially to producing such damage, so it can reasonably be said that if not for the negligence, the loss, injury or damage would not have occurred.
Negligence may be a legal cause of damage even though it operates in combination with the act of another, a natural cause, or some other cause if the other cause occurs at the same time as the negligence and if the negligence contributes substantially to producing such damage.
In cases involving allegedly defective, unreasonably dangerous products, the manufacturer may be liable even though it exercised all reasonable care in the design, manufacture and sale of the product in question.
On the other hand, any failure of a manufacturer of a product to adopt the most modern, or even a better safeguard, does not necessarily make the manufacturer legally liable to a person injured by that product. The manufacturer is not a guarantor that nobody will get hurt in using its product, and a product is not defective or unreasonably dangerous merely because it is possible to be injured while using it. There is no duty upon the manufacturer to produce a product that is ‘accident-proof.’ What the manufacturer is required to do is to make a product which is free from defective and unreasonably dangerous conditions.