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
Negligent Security Lawyer
It’s a fear most of us have — become a victim of a crime and getting injured as a result. But what if your injury could have been prevented if proper security measures in place? You would probably feel angry and upset. No one deserves to be injured because of negligence. It’s time to take action with a negligent security lawyer.
When people visit a place of business or lodging, you have the right to expect a reasonable amount of safety. In fact, property owners have a duty to secure their premises and protect lawful visitors and patrons from foreseeable harm.
Most premises liability cases involve “accidents,” or unintended consequences of careless property owners. But what happens if you are the victim of an intentional act – a violent crime on someone’s property or at a place of business? […]
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Types of Injuries Suffered in a Trucking Accident
How Serious Is a Truck Accident?
Commercial trucks are at a higher risk of causing or being involved in serious accidents, particularly because of their overwhelming size on the road, their weight, and due to truck drivers managing their vehicles on the road. If you’ve suffered an injury in a truck accident to someone else’s carelessness or negligence, injuries are often serious, require an extensive recovery process, and bring about expensive medical costs. Truck crashes often create car-on-car wrecks, and many fatal crashes, as well. You or your loved one may be entitled to financial compensation for the damages you sustained; however, it is in your best interest to hire a truck accident lawyer to fight the insurance company on your behalf.
At Munley Law Personal Injury Attorneys, we have a team of truck accident lawyers with decades of experience with accidents involving large trucks. […]
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What If I am Partly to Blame for the Truck Accident?
Can I Still Receive Compensation if I’m Partially At Fault for a Truck Crash?
If you’ve been involved in a truck accident in Pennsylvania, you may be wondering what your legal options are. One important question that may be on your mind is whether you can still pursue a personal injury claim if you are partly to blame for the accident.
The answer is yes, you can still pursue a claim even if you are found to be partly at fault for the accident. If you have been involved in a truck accident in Pennsylvania and you are partly to blame, it does not mean you cannot pursue a claim. But it is important to speak with an experienced truck accident lawyer at Munley Law to learn what your options are and what compensation you could receive.
What is Comparative and Contributory Negligence? […]
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Philadelphia Dog Bite Lawyer
Dog Bite Accident Lawyer in Philadelphia
Being the victim of a dog bite is undoubtedly a terrifying and stressful experience. A Philadelphia dog bite lawyer at Munley Law Personal Injury Attorneys can help.
Many Americans have furry companions; in fact, nearly one third of American homes include a canine family member. But dogs are still animals, and the risk of a bite is always present. A CDC (Center for Disease Control) study estimates that about than 4.7 million dog bites take place in the US each year. Of these, approximately 800,000 require or result in medical care. These are some staggering statistics, and yet, many Americans don’t realize that dog bite victims are eligible for compensation just the same as car accident victims.
When a dog bite accident case goes unreported, the victim waives their ability to claim any kind of monetary compensation for their pain, […]
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How Does an Insurance Company Decide Who Was at Fault for a Scranton Car Accident?
Who Determines Who is At Fault After a Car Accident?
Imagine you are pulling out of a driveway, with your view partially obscured by a snowbank. As you do, another car comes around the corner and hits you. Who’s at fault for the car accident?
The answer may not always be that easy to determine–but answering it may be crucial in deciding who is ultimately responsible for paying for medical expenses and vehicle damage. Answering the question of who is at fault for auto accidents can also change depending on who is answering it, the traffic laws applicable to the situation, or the state in which the auto accident occurs. It can get even more complicated when multiple vehicles are involved.
While police and insurance companies may weigh in with their own assessment of who is at fault in car accidents, it is often a good idea to hire an experienced car accident lawyer who can advocate for you and help guide you through the process of seeking maximum compensation from those responsible for a car accident. […]
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