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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What If Road Debris Causes Your Car Accident?
When debris flies from a vehicle and onto the road, all other drivers are at risk of being injured in road debris accidents. Perhaps you were injured in such an accident because of unsecured loads or another form of negligence. Now, you may be facing medical expenses, lost income, and a range of other struggles.
You deserve compensation if someone’s negligence caused a road debris crash. However, it’s important to consider how the process of seeking compensation in these circumstances may be unique when compared to other personal injury cases.
Understanding Road Debris Accidents
Road debris can take many forms. The following are common types of road debris that could potentially cause accidents:
- Cargo that has fallen from trucks
- Fallen trees and large tree limbs that have fallen to the ground
- Debris from a previous collision
- Tires
- Broken glass
- Litter
- Rocks
- Garbage
Don’t underestimate how dangerous road debris can put drivers at risk. […]
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What Is the Average Payout in a Wrongful Death Settlement?
A loved one’s untimely passing is always a painful experience. If your loved one passed because someone else was negligent, while nothing can bring them back, it’s important to understand that compensation may be available for various losses associated with their death.
Filing a wrongful death lawsuit allows surviving loved ones of a wrongful death victim to seek compensation for everything from
the direct financial losses of death to the emotional distress that might be more difficult to quantify after a tragic loss.
There is no standardized or officially tracked average payout for wrongful death settlements, as each case is uniquely influenced by factors such as the deceased’s age, income, future earning potential, and the circumstances of their death. Wrongful death settlements can vary dramatically based on multiple variables, including the jurisdiction’s laws, the severity of negligence involved, and whether the case involves auto accidents, […]
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Why Do Gas Explosions Keep Happening?
Many gas explosions are preventable, but despite the devastation they cause, they keep happening. Gas utility companies, property owners, manufacturers of gas appliances, contractors, and government agencies all have a role in preventing gas explosions. Often, homeowners and people living with gas appliances don’t know the gas appliances and lines in and around their homes are posing an invisible risk.
Understanding the Devastating Impact of Gas Explosions
A gas explosion can leave numerous household members, and even whole communities, emotionally and physically injured in its wake.
Physical and Mental Health Impacts
Even with immediate assistance from medical personnel, serious physical injuries and fatalities can be unavoidable. Injuries from gas explosions often include:
- Burns
- Blast injuries
- Broken bones
- Cuts and lacerations
- Hearing damage or loss
- Respiratory injuries
- Traumatic brain injuries (TBI)
The immediate injuries suffered at the time of the explosion aren’t the only ones victims face. […]
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Chester Personal Injury Lawyer
When accidents shatter lives, the Chester personal injury lawyers at Munley Law fight to make things right. The physical and emotional toll of an injury can be devastating – mounting medical bills, lost wages, and overwhelming stress take their toll on you and your loved ones. Our accident attorneys bring decades of proven experience and a fierce family legacy of advocating for the injured in Chester and throughout the Philadelphia suburbs. We don’t just handle cases – we get life-changing results and the maximum compensation you deserve when someone else’s negligence causes you harm.
What Sets Our Personal Injury Attorneys Apart in Chester, PA
When choosing an injury lawyer, you need someone who understands your challenges and is willing to fight for you. At Munley Law, we’ve spent generations helping accident victims get the justice they deserve. Our attorneys are board-certified trial lawyers who know how to take on tough cases and fight for our clients every step of the way. […]
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Wrongful Death Attorneys
When you lose a beloved family member or spouse, our wrongful death attorneys understand that no amount of money can truly compensate for your loss. However, financial compensation can ease your burdens and help provide future security for your family. Knowing that those responsible for your loss have been held accountable can also bring some peace of mind. If you suffered the loss of a family member due to an accident or an act of negligence, Munley Law can help you pursue legal action to hold the negligent party accountable.
We have helped hundreds of families like yours obtain justice, even against powerful entities. For 65 years, our wrongful death lawyers have fought for families and individuals who have lost a family member due to someone else’s wrongful action. We understand the pain you and your loved ones are going through at this time and will fight on your behalf so you can concentrate on putting the pieces back together again. […]
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