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
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Harrisburg Personal Injury Lawyer
If you’re in Harrisburg and need a personal injury lawyer, you’re looking for someone to help you get back on your feet
after a Central Pennsylvania accident. Our experienced personal injury lawyers in Harrisburg are dedicated accident attorneys who support you during tough times, ensuring you receive the care and maximum compensation you deserve.
Why Should I Hire a Harrisburg Personal Injury Lawyer?
Hiring Harrisburg personal injury attorneys can make a big difference in how your case is handled and the outcome you achieve. A Dauphin County lawyer understands the community and has experience dealing with local insurance companies and courts. They can handle the legal system efficiently, gather evidence, negotiate with insurance adjusters, and advocate for your best interests.
By hiring a Harrisburg personal injury lawyer, you can increase your chances of receiving fair compensation for medical bills, lost wages, […]
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Food Poisoning Lawyer
Food Safety Lawyer Can Help You Recover
If a severe case of food poisoning has impacted you or someone you love, our food poisoning lawyers are here to help you recover. From medical bills to lost wages, emotional stress, and more, food poisoning due to someone else’s negligence can wreak havoc on your life.
The attorneys at Munley Law can comprehensively evaluate your case and fight for a verdict in your favor. We have won many multi-million dollar settlements for our clients to date, and we are ready to use our expertise to do the same for you. Five of our firm’s lawyers are certified by the National Board of Trial Advocacy, and partners Marion Munley and Daniel Munley are members of the American Board of Trial Advocates. All our attorneys are also members of the American Association of Justice, with Marion Munley serving as the AAJ’s current Vice President, […]
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Norristown Personal Injury Lawyer
At Munley Law, our Norristown personal injury lawyers have been helping injured people throughout Pennsylvania for over 60 years. Our knowledge, skills, reputation, and vast resources make us one of the nation’s top personal injury law firms. If you have suffered harm because of someone else’s negligence, let us help you secure justice. The process begins with a free, no-obligation consultation with one of our attorneys. Call or chat live with us today to schedule a free consultation.
Types of Personal Injury Cases We Handle in Norristown, PA
To maximize your claim’s chances of success, you’ll want to find a lawyer with experience handling cases like yours. Choosing a law firm that specializes in personal injury and has experience with your particular case type is important. These are some types of personal injury cases we have experience with at Munley Law.
Norristown Truck Accidents
Of all the many types of personal injury cases, […]
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Indiana Truck Accident Lawyer
A truck accident can change your life in an instant. If you or someone you love has been injured in a collision with a commercial vehicle, you need an experienced Indiana truck accident lawyer who understands both the impact of your injuries and the unique challenges these cases present. You’re likely facing overwhelming medical bills, lost income, and uncertainty about the future during this difficult time.
Truck accident cases are far more complicated than typical car crashes. When a commercial vehicle collides with a passenger car, the injuries are often severe, and the legal issues are anything but straightforward. These cases involve federal regulations, multiple insurance companies, and sophisticated evidence that requires specialized knowledge to handle effectively.
At Munley Law, our Indiana truck accident attorneys have dedicated their careers to helping victims like you recover from devastating truck crashes. We understand the physical, emotional, and financial hardships you’re experiencing, […]
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Nursing Home Abuse Lawyer
If you or your loved one has experienced nursing home abuse, Munley Law’s nursing home abuse lawyers are here to help. Families choose our firm because we have built a reputation as one of the strongest advocates for elder abuse victims, with the skill, resources, and determination needed to take on large nursing home corporations and their insurers. With 65 years of experience representing personal injury victims and over $1 billion in settlements, our team provides powerful advocacy for residents who feel voiceless.
Our board-certified attorneys are all members of the American Association of Justice and work with medical professionals, geriatric specialists, and forensic investigators to document injuries, identify patterns of neglect, and build a strong case against the facility. We also collect records, interview witnesses, and assess staffing practices to show how and where the breakdown in care occurred. Every step is designed to hold responsible parties accountable and provide your family with a path forward. […]
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