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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Philadelphia Reckless Driving Accident Lawyer
Protecting Car Accident Victims in Philadelphia Since 1959
Traffic laws are put into place to protect drivers, passengers, pedestrians, cyclists, and other vulnerable road users from harm. However, when drivers behave recklessly, their negligence can lead to severe and sometimes fatal outcomes.
If you or a loved one were injured in Philadelphia as a result of a reckless driving accident, call Munley Law. Our Philadelphia car accident lawyers have been helping injury victims since 1959 recover the compensation they need to move forward from accidents.
For a no-obligation, free consultation, contact the Philadelphia reckless driving accident lawyers at Munley Law today to schedule a free consultation.
What is Reckless Driving?
Under Pennsylvania law, “Any person who drives any vehicle in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.” Should you be found guilty of reckless driving, […]
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Pittsburgh Birth Injury Lawyer
Our Pittsburgh Birth Injury Lawyers Will Get You Justice
Having a baby should be a joyous occasion. Unfortunately, when medical negligence causes a birth injury, the consequences can be devastating for the entire family. As leading birth injury lawyers in Pittsburgh, Munley Law is dedicated to providing support and representation to families affected during the difficult time following a birth injury. We understand the suffering and loss a family can experience when a child is injured during birth due to medical negligence. Our attorneys are experienced in working with families to seek justice for the wrongs that occurred.
At Munley Law, our Pittsburgh personal injury lawyers are committed to providing personalized representation to each client we serve. Our attorneys have extensive knowledge and experience handling birth injury cases. We can provide you with the resources and legal guidance you need to seek justice. […]
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Pittsburgh Product Liability Lawyer
Injured by a Faulty or Dangerous Product? Let Us Help You Recover.
2021 saw nearly 12 million people in the United States rushed into emergency treatment due to an injury from a consumer product. While you never think it will happen to you, everyday products can put you and your family at risk if they are defective or dangerous. Often, someone in the production chain knew the product was defective. However, they chose to prioritize their profits over the safety of customers and consumers.
You should be able to trust that the manufacturer or designer of your product kept your safety as their highest priority. If this trust was violated, a Pittsburgh product liability attorney can help you hold those responsible for your injuries accountable. Contact the product liability lawyers at Munley Law to schedule a free consultation. We’re here to help.
What Are the Common Defective Products in Product Liability Cases? […]
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Reading Workers’ Compensation and Third Party Claims
What is a Third Party Claim?
Workers’ compensation claims are specific to your employer’s workers’ compensation insurance and only cover your medical bills and lost wages. If you qualify for specific loss or death benefits if you are a dependent of a loved one who has lost their life due to a work injury, those are covered as well by workers’ comp insurance.
When you file a third-party personal injury claim, however, you can receive financial compensation for damages such as:
- Pain and suffering related to the injury or illness
- Wrongful death and loss of consortium in the event of a fatal injury or disease
- Cost of mental health treatments
- Punitive damages, ie financial damages designed to punish the responsible party for their recklessness or negligence
If your injury or occupational disease was caused by someone other than a co-worker or your employer, […]
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Wilkes-Barre Fatal Truck Accident Lawyer
Truck accidents are some of the most destructive types of crashes that happen in Wilkes-Barre. Far too often, these truck crashes result in loss of life. A fatal truck crash can upend the lives of surviving family members and leave you devastated, looking for answers, and wanting justice. No amount of money can make up for the sudden loss of a beloved family member, but a lawsuit can hold the at-fault party accountable for their actions and bring you some future security so that financial burdens do not interfere with your ability to honor your loved one’s memory in peace.
If someone you love was killed in a fatal crash, our truck accident attorneys in Wilkes-Barre can help you fight for justice and hold the responsible parties accountable. Our compassionate team of legal experts will answer your questions, assist you during this difficult time, and see that justice is done for your family. […]
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