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
What Are the Causes of Jackknife Truck Accidents?
Can You Avoid a Jackknife Truck Accident?
A jackknife accident is exclusive to involving semi-trucks and tractor-trailers, and can range from creating minor or major damages; often, the outcome of these accidents is significant and devastating. The causes for these types of accidents vary, but the consistent factor is that an environmental or mechanical fault instigates the truck to jackknife at the sudden onset. Commercial trucks can weigh more than 80,000 pounds and are 25 times the size of an average passenger vehicle. Needless to say, the impact and force of such an accident can bring about serious injuries, especially to passenger car victims.
If you or your loved one have been involved in a jackknife truck wreck, contact an experienced truck accident lawyer to seek compensation from the truck driver, trucking company, or others that may be potentially negligent in the truck accident. […]
Read MoreMore information about Negligence
Bethlehem Dog Bite Lawyer
Did You Suffer an Injury After a Dog Bite in Bethlehem? Let Us Help
Dogs can be loyal companions, steadfast guards, and loving members of the family. If you get on the wrong side of a dangerous dog, however, they can also be terrifying attackers. Getting bitten by a dog can be a traumatic experience. In addition to the injuries suffered from a dog attack, you are likely to suffer severe emotional distress stemming from an attack by a vicious dog.
If you have suffered from a dog attack in Bethlehem, Pennsylvania, you need to be aware of your rights to recover compensation for both medical expenses and emotional distress. Dog owners in the Lehigh Valley are ultimately responsible for the actions of their animals and are required to make up for the injuries they cause. An experienced Bethlehem dog bite lawyer from Munley Law can be an invaluable resource in getting the compensation you deserve. […]
Read MoreMore information about Negligence
What Are the Most Common Ways Truck Drivers Cause Crashes?
Truck Accidents Can Be Devastating. But What Causes Them to Occur?
Enduring the impact of a 50-foot, 80,000-pound commercial vehicle is one of the most traumatic things that can happen to you as a driver. Your injuries can devastate your physical health, keep you out of work, and even render you permanently disabled. Identifying the most common ways truck drivers cause crashes can give you information that may support a claim that you are anticipating, should you be the unfortunate victim of an accident involving a commercial truck, or can keep you well-informed about how you can do your best to steer clear of circumstances that can make you and your loved ones vulnerable to crashes involving large trucks.
If you get into a trucking accident, your first call should be to an experienced truck accident lawyer at Munley Law. We’ve been practicing truck accident law for more than 60 years and we understand how complex these cases can be. […]
Read MoreMore information about Negligence
What Happens When a Trucking Company Violates FMCSA Rules?
What is the FMCSA?
You probably have never heard about the Federal Motor Carrier Safety Administration, known as the FMCSA. The FMCSA is a federal agency responsible for overseeing commercial motor vehicles, generally large trucks and buses, in the United States. It is charged with reducing crashes, as well as injuries and fatalities, caused by accidents involving commercial vehicles.
Even with an agency responsible for overseeing the industry, there are, of course, accidents involving commercial trucks and buses. And some of those accidents are caused by those who fail to–or choose not to–follow FMCSA regulations. Below, our truck accident lawyers explain briefly what happens when a trucking company violates federal motor carrier safety rules.
What are FMCSA Rules? Where Do they Come From?
The FMCSA is a federal agency housed within the Department of Transportation. […]
Read MoreMore information about Negligence
Burn Injury Attorneys
Have you or a loved one suffered serious burn injuries?
Burn injuries are painful and can leave long-lasting physical and psychological scars. Whether it is a chemical burn from an unsafe product, a burn caused by a hazard on poorly kept property, a gas explosion, or an accidental burn at a bonfire or gathering, you may need an experienced burn injury lawyer to make sure you are compensated for your medical costs and suffering.
If you or a loved one have suffered serious burns as a result of negligence, contact Munley Law Personal Injury Attorneys today to speak with one of our experienced burn injury lawyers or call us at (855) 866-5529.
Burn Injury Facts and Figures
Burn injuries are, unfortunately, an all too common occurrence across the nation.
According to the American Burn Association, […]
Read More
