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
Cancer Misdiagnosis Lawyer
If a doctor fails to diagnose a patient with cancer, the consequences can be life-threatening. Even a delayed diagnosis may be the difference between life and death.
If you or a family member have suffered because of a doctor’s incorrect or missed diagnosis of cancer, you may be entitled to pursue a medical malpractice lawsuit. A cancer misdiagnosis lawyer at Munley Law Personal Injury Attorneys will review the details of your situation, answer your questions, and help you determine what to do next. Our medical malpractice lawyers have recovered millions of dollars on behalf of individuals and families who have suffered due to medical negligence. We have consistently been named among the Best Lawyers in America, and we have earned the highest client satisfaction ratings possible. To speak with a cancer misdiagnosis lawyer now, fill out our email form, or call us. […]
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Aviation Accident Lawyers
When an aviation accident occurs, the aftermath can overwhelm victims and their families. If you or a loved one has been affected by an aviation incident, consulting with an aviation accident lawyer can make a difference in the outcome of your case and your ability to focus on recovery during a difficult time.
The aviation accident lawyers at Munley Law understand the unique challenges presented by aviation cases, from determining liability among multiple potential parties to navigating the specialized evidence needed to build a strong claim. We work with accident investigators, aviation experts, and medical specialists to establish causation and document the full extent of damages. Our expertise becomes particularly valuable when dealing with commercial airlines, aircraft manufacturers, maintenance providers, or air traffic control entities.
At Munley Law, we work with victims and their families who have suffered tremendously after a plane or helicopter accident. […]
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Semi Truck Accidents
A semi truck accident can be a life-altering experience for both you and your family. You could be facing serious injuries that can take months if not years to recover from. Your family could suffer the financial burden of paying the medical expenses without the help of your income. In many cases, the injuries sustained in the accident may be fatal and your family will be left to pick up the pieces afterward. If you get into a trucking accident with a semi truck, do you know what your next steps should be?
For more than 60 years, the truck accident lawyers at Munley Law have represented drivers, passengers, pedestrians, and truck drivers who have been seriously hurt in accidents with semi trucks. If you or someone you love was hurt in a crash with a semi, you will need someone on your side to make sure the trucking company is held responsible. […]
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Traumatic Brain Injury Lawyer
A traumatic brain injury (TBI) or head injury, occurs when an outside force hits the skull and causes brain damage or injury. An object may strike the head during a slip and fall, a motor vehicle accident, an assault, or a workplace accident.
Head injuries range in severity from mild to moderate to severe.
Most brain injury victims suffer a mild injury, but for those with moderate to severe symptoms, the results can be catastrophic, leading to long-term disability and even death. For these victims and their families, it is imperative to contact a traumatic brain injury lawyer.
For over 60 years, Munley Law has represented personal injury victims. Call the traumatic head injury lawyers of Munley Law today for a no-obligation, free consultation.
What is the Average Settlement For a Traumatic Brain Injury Case?
The average settlement for a brain injury case depends on several factors, […]
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Birth Injury Lawyers
A child’s birth should be a cause for celebration. But when negligent medical professionals cause your child to experience fetal distress, oxygen deprivation, or physical trauma, you have a right to take legal action. The long-term costs for medical care for your child, along with the emotional trauma you’ve had to endure, can be a burden too significant to handle on your own. At Munley Law, we fight for the injured children and their families who suffered from a birth injury. Let our birth injury attorneys help you get the financial compensation you need for your baby.
What is a Birth Injury?
According to the National Library of Medicine, a birth injury is any damage to the newborn’s body due to an adverse event that occurred at birth. Birth injuries can occur at any point in the birthing process or during pregnancy. […]
