Prior Negligence Law and Legal Definition

Prior negligence refers to negligence so remote from the time of the injury as not to constitute a proximate cause. The difference between prior negligence and subsequent negligence is that “prior negligence will usually be found substantially the same as negligence that is regarded as a remote cause, and subsequent negligence means the negligence that did the mischief, which is more usually known as negligence which is a proximate cause.” [Holwerson v. St. Louis & S. R. Co., 157 Mo. 216, 234 (Mo. 1900)]