3.6-2 Distinction between Statutory
and Common-Law Negligence
Revised to January 1, 2008
There are, for purposes of this case,
two kinds of negligence: statutory negligence and common-law negligence.
Statutory negligence is the failure to conform one's conduct to a duty imposed
by the legislature through the enactment of a statute. Common-law negligence is
a violation of the duty to use reasonable care under the circumstances. A
violation of either of these duties is negligence.