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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Understanding Spinal Cord Injuries: Causes, Consequences, and Legal Support
Spinal cord injuries are devastating events that can change a person’s life forever. They often result in significant physical, emotional, and financial challenges. Philadelphia spinal cord injury lawyers at Munley Law Personal Injury Attorneys are dedicated to providing support and legal assistance to those affected by these traumatic injuries.
Most Common Types of Spinal Cord Injuries
There are two main types of spinal cord injuries – complete and incomplete. A complete injury results in a total loss of sensory and motor function below the injury level, while an incomplete injury means that there is some remaining function. The severity of the injury depends on the location and extent of the damage.
Long-term Effects of Spinal Cord Injuries
The long-term effects of spinal cord injuries are profound and can affect every aspect of a person’s life. Common consequences include paralysis (quadriplegia or paraplegia), […]
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Lancaster Premises Liability Lawyers
Holding property owners in Lancaster County responsible for their dangerous spaces
Lancaster County, with its rich history, charming towns, and beautiful landscapes, is a place where residents and visitors alike should feel safe to explore and enjoy. From the historic streets of downtown Lancaster to the scenic beauty of the surrounding Amish countryside, this region is filled with cultural treasures and natural wonders. Unfortunately, when property owners fail to maintain safe spaces, these attractions can become perilous. At Munley Law, our premises liability lawyers are dedicated to protecting the rights of those injured due to such property owner’s negligence. We are committed to holding property owners accountable and ensuring that victims receive the compensation they deserve, preserving the integrity and safety of our beloved Lancaster County.
Lancaster slip and fall accidents: injuries due to slippery or uneven surfaces on someone else’s Lancaster property
Slip and fall accidents are among the most common types of premises liability cases. […]
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Upper Darby Traumatic Brain Injury Lawyer (TBI)
Unlocking justice: Your advocate after a traumatic brain injury in Upper Darby
In the heart of Upper Darby, nestled among its iconic landmarks like the Tower Theater and the historic 69th Street, a beacon of hope stands for those who have faced life-altering events. Traumatic brain injuries (TBI) can be both devastating and overwhelming, altering the course of an individual’s life in an instant. Munley Law, Upper Darby’s premier traumatic brain injury lawyer, understands the profound impact of such injuries and is committed to guiding victims through the legal maze. With deep roots in the community, our Philadelphia brain injury law team offers a blend of local understanding and legal expertise, making us a trusted ally in the pursuit of justice. When the streets of Upper Darby bear witness to unexpected tragedies, Munley Law stands ready to champion the rights of TBI victims. […]
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Lancaster Slip and Fall Lawyer
Nestled in the heart of Pennsylvania, Lancaster is renowned for its rich history, scenic farmlands, and iconic Amish community. A unique blend of urban charm and rural elegance, this city offers more than meets the eye.
However, like many other places, Lancaster has its share of everyday incidents like slip and fall accidents. These accidents, often underestimated, can lead to severe injuries, spiraling medical bills, and significant emotional distress. The terrain of Lancaster, with its cobbled streets and seasonal weather fluctuations, can sometimes heighten the risk.
When such an unfortunate event occurs, the complexities of legal processes and the quest for rightful financial compensation make it essential to hire a lawyer who knows Lancaster inside out. The injury lawyers at the Munley Law firm have been protecting the rights of Lancaster residents since 1959. We offer a free case evaluation to new clients where we will discuss your legal options and help you recover compensation for your fall injuries. […]
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Are Personal Injury Lawsuit Settlements in Philadelphia Taxable?
At Munley Law, we understand that navigating the intricacies of personal injury settlements can be daunting, especially when it comes to tax implications. Our dedicated team of attorneys is here to provide clarity on this important matter and offer valuable insights into the tax treatment of personal injury settlements in the city of Philadelphia. With our extensive experience in handling personal injury cases and our deep knowledge of local laws, we are committed to ensuring that you receive the compensation you deserve while safeguarding your financial interests.
Understanding Personal Injury Settlements
What Constitutes a Personal Injury Settlement?
A personal injury settlement is a legally binding agreement between the injured party (the plaintiff) and the party responsible for their injuries (the defendant or their insurance company). This agreement typically involves a financial compensation package that the defendant offers to the plaintiff in exchange for the plaintiff’s agreement not to pursue further legal action. […]
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