The textbook definition of negligence is «conduct that falls below a standard of behavior established by law for the protection of others against unreasonable risk of harm.» (philadelphiapersonalinjuryblog.com)
These theory opines that property owners owe varying degrees of duty to protect lawful visitors (and sometimes even lawful visitors) from unreasonable risk of harm. (southfloridainjurylawyersblog.com)
Requires a plaintiff to show by «clear and convincing» evidence that a defendant «acted with malice or has shown a reckless and outrageous indifference to a highly unreasonable risk of harm and has acted with a conscious indifference to the health, safety and welfare of others.» (atra.org)