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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Pittston Truck Accident Lawyer
Truck accidents are often much more damaging than the standard passenger vehicle collision. Given the size of tractor-trailers versus a passenger car, the injuries can be more severe, and the impending legal battles are all the more complex. But as a victim, you do not have to handle it alone. A Pittston truck accident lawyer can guide you through the personal injury claims process, ensuring you get the compensation you need to move forward.
Munley Law understands that trucking accidents pose unique challenges, often at the expense of the injury victims. Our legal team has taken on the insurance and trucking companies for previous clients, and we are prepared to do the same for you. For a no-obligation, free consultation, call our Pittston truck accident lawyer.
What Are the Causes of Most Truck Accidents in Pittston, PA?
No two truck accidents are the same, […]
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Cerebral Palsy Lawyer in Scranton, PA
Cerebral palsy isn’t just a medical diagnosis; it deeply impacts the lives of both the individuals living with it and their families. When this condition stems from medical negligence, securing the right legal help becomes vital in seeking justice through a lawsuit. The Scranton cerebral palsy lawyers at Munley Law are dedicated to helping families suffering from medical malpractice.
What is Cerebral Palsy?
Cerebral palsy, a neurological disorder caused by a brain injury or malformation that occurs while the brain develops before, during, or after birth, can profoundly impact a child’s life. Cerebral palsy is caused by abnormal brain development or damage to the developing brain, often before birth. This damage can affect a child’s ability to control his or her muscles. Causes can include genetic disorders, maternal infections, fetal stroke, lack of oxygen to the brain (asphyxia), […]
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Can I Get a Free Case Evaluation from a Wrongful Death Lawyer in Bethlehem, PA?
You can get a free case evaluation with a wrongful death lawyer in Bethlehem. If you have lost a loved one due to the careless mistake of someone else, your first step should be to schedule a consultation with an experienced lawyer who specializes in wrongful death and personal injury cases. At Munley Law, we offer a free consultation to review your wrongful death case.
During the consultation, one of our experienced Bethlehem wrongful death lawyers will listen carefully to your story, ask questions, and assess the strengths and weaknesses of your case. They will also explain the legal procedures, timelines, and fees involved and give you an honest evaluation of your chances of success. If you have decided to seek compensation for your loved one, our law firm is here to assist and support you.
What Does a Personal Injury Claim Have to Do With Wrongful Death Cases? […]
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Intersection Car Accidents
If you’ve been injured in an intersection accident, you need a car accident lawyer who understands the complex factors involved in these crashes. Intersection accidents often result in devastating injuries due to the force of impact, especially in T-bone collisions or pedestrian accidents. At Munley Law, we’ve helped thousands of intersection accident victims get the compensation they deserve, whether they were drivers, passengers, pedestrians, or cyclists.
Determining fault in intersection crashes can be challenging, especially when multiple vehicles or parties are involved. Insurance companies often try to shift blame between drivers or minimize the severity of injuries. Don’t let the insurance company pressure you into accepting less than you deserve.
Contact Munley Law today for a free consultation with our experienced intersection accident attorneys. We’ll evaluate your case, explain your rights, and fight to hold negligent drivers accountable.
Types of Intersection Accidents and Their Unique Challenges
According to the latest data from the National Highway Traffic Safety Administration, […]
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Can You Claim Whiplash After a Bus Accident in Bethlehem?
As a bus passenger, you might never anticipate the sudden jolt that results in a painful condition known as whiplash. This invisible injury, often dismissed due to a lack of visible evidence, can have serious repercussions.
In the aftermath of a bus accident, it’s crucial to understand your rights and potential claims. This article will guide you through the complexities of claiming whiplash after a bus crash. Through legal and medical lenses, our Bethlehem bus accident attorneys will explore your avenues for compensation and the steps required to fortify your case.
What is Whiplash?
Whiplash is a non-medical term often used to describe a range of injuries to the neck caused by or related to a sudden distortion of the neck associated with extension. However, the exact injury mechanisms remain unknown. According to the American Physical Therapy Association (APTA), […]
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