What is Negligence?
Negligence is the failure to use a reasonable degree of care given the circumstances. The four elements of negligence are a duty owed to a plaintiff, a breach of that duty by the defendant, proximate cause, and injury or damage suffered by the plaintiff. It is essentially carelessness.
According to Black’s Law Dictionary, negligence is defined as “the failure to exercise the standard of care that a reasonably prudent person would have exercised in a similar situation.” As such, negligence refers to a failure to exercise the level of care that a reasonably prudent person would exercise in similar circumstances. It forms the basis of many personal injury claims and lawsuits, where a plaintiff alleges that their injuries or damages were caused by the negligent actions or omissions of another party.
Key elements of negligence include:
- Duty of care: The legal obligation of an individual or entity to exercise reasonable care to avoid causing harm to others. This duty may arise from professional relationships, ownership of property, or other circumstances.
- Breach of duty: A failure to fulfill the duty of care by acting or failing to act in a way that deviates from what a reasonably prudent person would do.
- Causation: The link between the defendant’s breach of duty and the plaintiff’s injuries or damages. It must be shown that the defendant’s actions or omissions directly caused harm to the plaintiff.
- Damages: Actual harm or losses suffered by the plaintiff as a result of the defendant’s negligent conduct, which may include physical injuries, emotional distress, property damage, or financial losses.
Legal principles related to negligence aim to compensate injured parties for their losses and encourage individuals and businesses to act responsibly to prevent foreseeable harm. For example, if your landlord doesn’t fix a rickety set of steps you let him to, and you fall through the steps a week later, the landlord is negligent in his duty of care. Understanding the elements of negligence is essential in personal injury cases and other legal disputes where liability is based on the failure to exercise reasonable care under specific circumstance
More information about Negligence
Scaffolding Accident Lawyer
Scaffolding accidents are among the most common causes of construction site injuries. From falls to equipment malfunctions, these accidents can result in long-term physical, mental, and emotional challenges. What makes these cases particularly complex is the number of potential parties responsible, from the scaffolding manufacturer to the employer — or even a subcontractor. 
After an accident, knowing your legal rights helps you get fair payment for your medical bills, missed work, and other hardships. Our scaffolding accident lawyers have extensive experience with workplace injury cases and insurance claims. We’ll guide you step-by-step through filing your claim and work to get you maximum compensation owed to you.
Scaffolding Accident Rights and Claims
Falls, equipment failures, and scaffold collapses often cause severe injuries at construction sites. While workers’ compensation covers your medical care and missed wages, […]
Read MoreMore information about Negligence
Construction Accident Lawyer
Construction accidents can devastate workers and their families, leading to severe injuries, overwhelming medical bills, and lost wages. At Munley Law, our construction accident lawyers have spent the last 65 years fighting for injured workers, securing multi-million dollar verdicts and settlements while helping our clients navigate workers’ compensation claims and third-party lawsuits.
Construction accidents often involve multiple responsible parties—contractors, subcontractors, equipment manufacturers, and property owners, to name a few. Our experienced construction accident attorneys know how to prove who is at fault for your injuries so you can receive full compensation for your accident.
Don’t let a construction accident derail your future – contact Munley Law today for a free case evaluation.
Common Construction Accident Claims Munley Law Handles
Construction sites present countless hazards that can lead to severe injuries to workers and visitors alike. Our construction accident attorneys’ […]
More information about Negligence
Drunk Driving Accident Lawyer
If you were injured in an accident with a drunk driver, an expert drunk driving accident lawyer at Munley Law is ready to fight for your rights. When someone chooses to drink and drive, they risk their own lives, as well as the lives of everyone around them. If you have been injured in a car accident by a drunk driver, the law is on your side. If you were in a car accident because of someone else’s mistake, don’t worry; the law is on your side. You can seek justice and compensation for your injuries.
The Legal Consequences of a Drunk Driving Accident
Drunk driving is a serious offense. Since 2002, it has been illegal in all 50 states to drive with a blood-alcohol concentration (BAC) of 0.08 percent or higher. Drivers who get behind the wheel after drinking not only face criminal charges but can face civil liability for the harm they caused. […]
Read MoreMore information about Negligence
Scranton Pedestrian Accident Lawyer
A Scranton pedestrian accident lawyer at Munley Law can help you understand your legal options for getting the money you need to cover your accident-related expenses and losses. Unlike regular car crashes, a collision involving a pedestrian can result in catastrophic injuries even at relatively low speeds.
With over six decades of experience, our Scranton pedestrian accident lawyers can handle the complex issues of your claim as you concentrate on healing from your injuries. We offer free consultations and handle these cases on a contingency basis. This means you do not pay us anything until we recover compensation for your accident. Call us today to schedule a free case evaluation with our Scranton personal injury law firm member.
Why Hire a Pedestrian Accident Attorney in Scranton, PA
A Scranton pedestrian accident attorney can gather the evidence, negotiate with the insurance company, […]
More information about Negligence
Scranton Personal Injury Lawyer
The Scranton personal injury lawyers at Munley Law have been helping clients with their accident claims for decades. Fighting the insurance company alone is never the right option. You could settle your claim for much less than it’s worth. Having our board-certified injury attorneys by your side will give you the legal advice and representation you need to get the maximum compensation for your injuries.
Whether you suffered an auto injury, are dealing with a workers’ compensation claim, or were involved in a truck crash, call Munley Law Firm today to schedule a free consultation.
The Types of Personal Injury Cases We Handle in Scranton
When serious accidents happen in Northeastern Pennsylvania, having a dedicated Scranton injury lawyer can transform your recovery journey. Since our founding in Scranton over 65 years ago, Munley Law has fought relentlessly for injured NEPA residents – it’s not just business for us, […]
Read More
