Common Law Actionable Negligence Law and Legal Definition

Actionable negligence may be of two kinds, either statutory or common law. Common-law actionable negligence is the failure of one owing a duty to another to do what a reasonable and prudent person would ordinarily have done under the circumstances, or doing what such a person would not have done, which omission or commission is the proximate cause of injury to the other. [Pratt v. Daly, 55 Ariz. 535 (Ariz. 1940)]