TORT LAW — Negligence — Question of Fact — Determined by Circumstances of Each Case

This principle establishes that negligence is a question of fact, not law. Each case must be decided based on its own facts and circumstances. The principle applies in all negligence claims. It means that what constitutes negligence in one case may not in another. The court must consider the specific circumstances. The principle prevents rigid application of rules. It allows for flexibility in determining negligence. The trial court’s finding on negligence is a factual finding, which appellate courts will respect unless perverse. The principle reflects the case-by-case nature of negligence determinations.