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
More information about Negligence
Allentown Medical Malpractice Lawyer
At Munley Law, our experienced Allentown medical malpractice lawyers are dedicated to helping malpractice victims of medical mistakes and medical neglect to secure justice and compensation. When you or a loved one suffers harm due to the negligence of a medical professional, the consequences can have devastating long-term, even lifelong effects.
Contact Munley Law firm today to schedule a free consultation. There is no fee unless we win your medical malpractice cases.
The Role of Allentown Medical Malpractice Attorneys
When you or a loved one has been a victim of medical malpractice, navigating the legal process can be overwhelming. Here are some key reasons to hire an experienced Allentown medical malpractice attorney from Munley Law:
- Investigation and Evidence Gathering: We have the resources to conduct thorough investigations, […]
More information about Negligence
Chances of Winning a Wrongful Death Settlement
The sudden loss of a loved one can be emotionally and financially devastating, making a wrongful death lawsuit a viable option for many families. Understanding the legal process and the factors that can affect the chances of winning is crucial before proceeding with a claim.
Understanding the Chances of Winning a Wrongful Death Settlement
Many plaintiffs find that, depending on the circumstances of their case, there is a high likelihood that they will reach a settlement. Several factors can influence the chances of success in a wrongful death claim, including the strength of the evidence, the clarity of liability, and the presence of any contributing negligence. Additionally, the experience of your legal representation can significantly impact the outcome. Recent data indicates a more favorable outcomes for plaintiffs in wrongful death lawsuits in Pennsylvania. […]
More information about Negligence
What Happens If You’re in an Accident with a Rental Car?
When you’re in an accident with a rental car, the last thing you need is more stress trying to figure out insurance coverage. You likely have multiple layers of protection available. Your auto insurance may cover the incident, the rental company’s optional coverage could kick in, and even the credit card you used to rent the vehicle might provide insurance benefits.
If you’ve been hurt in a rental car accident, don’t hesitate to reach out to a car accident attorney at Munley Law who can guide you through this challenging time. They’ll work hard to protect your interests and help you get the compensation you deserve while taking the burden of dealing with multiple insurance claims off your shoulders.
Who Covers a Rental Car Accident?
When you’re involved in a rental car accident, there can be several sources of coverage. […]
Read MoreMore information about Negligence
Nursing Home Abuse Lawyer
If you or your loved one has experienced nursing home abuse, Munley Law’s nursing home abuse lawyers are here to help. For many elderly individuals, moving to a nursing home facility brings anxiety and sadness. While we hope they’ll discover opportunities for socialization and round-the-clock care, neglect unfortunately occurs far too frequently. With 65 years of experience representing personal injury victims, our team provides powerful advocacy for residents who feel voiceless.
Call today for a no-obligation, free consultation.
The Types of Nursing Home Abuse
Nursing home abuse occurs when nursing home staff or other employees of a long-term care facility mistreat residents, causing them harm.
According to the World Health Organization (WHO) one in six people 60 years and older have been abused in a community care setting over the last year, with two out of three living facility staff admitting to elder abuse. […]
Read MoreMore information about Negligence
What Is an Aggravation of a Preexisting Condition or Injury?
You may be eligible for compensation if you were injured on the job or in an accident resulting from the negligence of another party. You can seek compensation by filing an insurance claim or lawsuit.
However, your case may be uniquely complex if you have a preexisting condition. Along with compensation for any new injuries you may have sustained, you may also deserve compensation for the aggravation of a preexisting condition. Proving you deserve this compensation could be challenging, though.
Understanding Aggravation of a Preexisting Condition
What is an aggravation of a preexisting condition or injury? In a legal context, aggravation of a preexisting condition means that the condition was made permanently worse. This differs from exacerbation. When someone sustains an exacerbated injury, their previous injury temporarily worsens. However, said preexisting injury is likely to return to its previous state over time. […]
Read More
