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 the Emergency Procedures a Truck Driver Must Take After a Truck Accident?
Truck drivers must comply with all regulated requirements for emergency efforts after a truck accident
Certain emergency procedures must be put into practice after a truck accident, and these efforts are mandatory for truck drivers. The Federal Motor Carrier Safety Administration (FMSCA) mandates rules and regulations to ensure safe roads, and trucker drivers have a definitive list of timely measures and protocols that must be taken when driving, and in the event of a truck accident.
If you or your loved one have been involved in a truck accident, dealing with the details and aftermath can be frustrating, stressful, and devastating: reach out to an experienced truck accident lawyer with a successful track record to get the support and guidance to ensure that no stone is left unturned. An experienced truck accident attorney at Munley Law has the resources and expertise to deal with commercial company’s representation and to fight for the compensation that you deserve. […]
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Can I Sue After a Rear End Collision?
Hire an Experienced Car Accident Attorney to Help After Rear End Accident
Car accident lawyers will tell you that rear end collisions are unfortunately a fairly common part of driving; in fact, the Washington Post reported that there are approximately 1.7 million rear end collisions on U.S. roadways each year. What’s more, the Pennsylvania Department of Transportation reported in 2019 that almost 30% of car accidents in the state were rear-end collisions. But while these accidents are common, they still need to be taken seriously. Grave injury and extensive damage are both possible results of a rear-end accident, and if you’ve experienced an accident of this nature, you will want a trusted car accident lawyer to guide you through the process of receiving proper compensation.
After an accident, it’s possible that one party may reach out to the other with an initial settlement offer. […]
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Pottsville Wrongful Death Lawyer
Our Pottsville Wrongful Death Attorneys Will Fight For Your Loved One
If you have lost a loved one in a wrongful death accident, you deserve justice. Too often, the negligence of another person or company results in fatal accidents, and when this happens the liable party needs to be held accountable. Justice for your loved one includes accountability, closure, and financial compensation for the damages and losses you and your family are suffering.
Our Pottsville wrongful death lawyer knows that a legal battle may be the furthest thing from your mind after the tragic loss of a loved one. The compassionate Pottsville personal injury lawyers at Munley Law are ready to meet with you for a free, confidential consultation. They will then shoulder the legal burden of your case so that you and your family can grieve in peace.
What is a Wrongful Death? […]
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What is Strict Liability Law?
How Does Strict Liability Affect My Personal Injury Claim?
There are many personal injury cases that benefit from the strict liability law doctrine, also known as liability law. When the strict liability law doctrine is applicable, victims can seek out a personal injury claim without the emotionally exhausting task of establishing the responsible person(s) or company‘s proof of negligence, intention, or carelessness. Strict liability law only demands the evidence that shows harm or danger was inflicted upon the party seeking compensation, and that the accused committed it.
If you think that you have a personal injury case, or should you have questions about filing your case, contact a personal injury lawyer at Munley Law for a free consultation – we have over 60 years of experience, a successful track record, the resources, the knowledge, and the nationally recognized team to get you the compensation that you are entitled to. […]
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What Are the Most Dangerous Roads in Philadelphia?
What Are the Top Philadelphia Roads That Car Accidents Occur?
A car accident can happen anywhere in Philadelphia. But there are some roads and intersections that are more dangerous than others. Accidents occur more often at certain locations that are more heavily traveled. There are also some roads that are inherently dangerous based upon the characteristics of the highway itself, such as narrow lanes, sharp curves, or reduced sight lines.
In fact, Philadelphia has four of the ten most dangerous highways and road segments in Pennsylvania. Some intersections also have significantly higher crash statistics than other locations throughout Philadelphia.
If you were injured in a car accident on one of Philadelphia’s deadliest roads, contact our Philadelphia car accident lawyer for a free consultation. Munley Law Personal Injury Attorneys is happy to discuss your legal options following a traffic accident in Philadelphia. […]
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