Generally “negligence” is defined as:
the performance of some act which a reasonably prudent person would not do, or the failure to perform some act which a reasonably prudent person would perform when prompted by circumstances which ordinarily regulate the conduct of human affairs.
It is, in other words, the failure to use ordinary care under the circumstances in the management of one’s person, property, or business.
More specifically, dive shop or charter company negligence is defined as:
the doing of some act which a reasonably prudent dive shop or charter company would not do, or the failure to do something which a reasonably prudent dive shop or charter company would do when prompted by the considerations which ordinarily regulate the conduct of similarly situated charters.
In dive accident cases determining the degree of ordinary care expected under the circumstances varies in proportion to the danger known to be involved in the diving operation and is relative to what is reasonably foreseeable under each circumstance.
To better illustrate legal negligence, the following examples may be helpful.