1. Did the other person act negligently?
2. If you are more than 50 percent responsible, you may not be able to recover damages in the negligence action.
3. In most civil contexts it does not matter whether negligence is “gross” or “slight” .
4. In most states contributory negligence has been superceded by comparative negligence.
5. In regard to negligence, think of duty broadly as an obligation to protect the safety of others.
6. Involuntary manslaughter can be based on criminal negligence.
7. Negligence can also be a criminal offense.
8. Usually negligence is a tort.
9. You could bring a claim of negligence against the railroad company.
10. You have the grounds for a negligence action.