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 Are My Rights As a Pedestrian in Philadelphia?
Navigating the bustling streets of Philadelphia as a pedestrian can be both an invigorating and a daunting experience. As foot traffic intertwines with the hum of vehicles, understanding your rights as a pedestrian becomes more than just a matter of convenience—it’s a matter of safety and legal protection. These rights, governed by a complex set of laws and regulations, are designed to ensure that every step you take is safeguarded by the law.
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But what exactly are these rights, and how do they translate into everyday life in Philadelphia? What measures are in place to protect pedestrians, and what can you do if those measures fail?
With the expert insights from Munley Law, a leading Philadelphia Pedestrian Accident Lawyer with years of experience in defending pedestrian rights, we’ll guide you through the maze of legalities and practicalities to ensure that you’re fully equipped to walk the City of Brotherly Love with confidence and peace of mind. […]
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Bensalem Spinal Cord Injury Lawyer
Bensalem, Pennsylvania is an enchanting town situated on the edge of the Delaware River. It’s home to the historically significant Growden Mansion, where Benjamin Franklin famously conducted his kite and key experiment. The town’s picturesque parks, such as Neshaminy State Park, provide tranquil retreats and recreational activities for visitors. From its rich history to its charming landscapes, Bensalem beckons travelers to explore its treasures.
In Bensalem, Pennsylvania, someone might suffer a spinal cord injury due to reasons like car accidents, workplace incidents, slip and fall mishaps, or recreational activities gone awry. The bustling traffic and varied activities in the town increase the risk for its residents.
If you or your loved one suffered a spinal cord injury, contact a Bensalem spinal injury lawyer at Munley Law today. One of our experienced personal injury lawyers will walk you through the claims process during a free initial consultation. […]
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Bensalem Brain Injury Lawyer
Bensalem is one of the gems of Bucks County. Visitors from all over the United States come to see its landmarks including the Pennsbury Manor — the recreated colonial estate of Pennsylvania’s founder, William Penn. With its close proximity to major waterways and Philadelphia, Bensalem was a focal point for trade and industry. Today, it is home to businesses ranging from retail to technology.
Like many active communities, Bensalem is not immune to accidents and incidents that may result in brain injuries, whether from vehicular collisions, workplace accidents, or recreational activities. The complexity and often life-altering effects of such injuries necessitate specialized legal representation.
If you or your loved one suffered a brain injury, reach out to an experienced brain injury attorney at Munley Law to help pursue compensation. Our Bensalem brain injury lawyers offer a free consultation where we will walk you through the claims process. […]
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Upper Darby Car Accident Lawyer
If you or your loved one have been in a car accident, you need the expertise and precision of an Upper Darby car accident lawyer. Hiring a skilled personal injury lawyer after an accident is not just a choice; it’s a necessity. An experienced lawyer will negotiate with your insurance company and the at fault driver to ensure you receive the compensation you are owed.
In the heart of Upper Darby, a town rich with historical landmarks like the Tower Theater and a culture that celebrates diversity, Munley Law is the leading choice for Upper Darby car accident lawyers. We have a full understanding of Upper Darby’s roadways, and our team of dedicated attorneys specializes in auto accidents.
Whether you’re a resident or just passing through our thriving community, Munley Law is committed to providing top-notch legal support that reflects the excellence of Upper Darby itself. […]
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Boat Accident Lawyer
If you or a loved one have been seriously injured in a boating or water sports accident caused by someone else’s negligence, you may have cause to pursue legal action. As the injured victim, you may be entitled to monetary compensation for your medical treatment, missed time from work, and pain and suffering. However, you will likely need a boat accident lawyer who has the experience and legal acumen to get you the full compensation that you deserve.
For more than 60 years, the boat accident lawyers of Munley Law Personal Injury Attorneys have helped clients throughout Pennsylvania. Our boating injury attorneys have earned national recognition for their work on behalf of injured victims. We have been named among the Best Lawyers in America, and have received the highest possible peer and client review ratings from Martindale-Hubbell. Contact a boating accident lawyer now for a consultation free of charge. […]
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