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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Dedicated Lyft Accident Lawyer
Our Lyft Accident Lawyers Can Fight For Your Rights
If you were involved in an accident with a Lyft driver, your first call should be to a Lyft accident lawyer at Munley Law. With over 60 years of experience, we understand the issues surrounding these types of accident cases. We will make sure you get compensation for your injuries from the at-fault driver and help you on the path to recovery.
Don’t wait. Schedule a free consultation with our Lyft accident attorney today to start the claims process.
What is Ridesharing?
Ridesharing is a service that directly connects drivers with passengers who need transportation services. The idea is as old as the 1990s when small start-ups generated a new way to help people find carpooling partners – literally “ride sharing”. However, ridesharing as we now know it was pioneered in 2009 by Uber. […]
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Bethlehem Slip and Fall Accident Lawyer
Be it an iced, slick walkway, a spill in the grocery store, or an uneven sidewalk when slip and fall accidents occur, you can get a lot more than a bruised knee. Though no one intentionally plans to hurt another with a spill or other surface issue, property owners have a duty of care owed to visitors and guests to keep their properties safe and clear. And when those properties are not properly maintained and you get hurt, you need someone to turn to.
If you or a loved one were injured in a slip and fall accident in Bethlehem or the surrounding area, allow the personal injury lawyers of Munley Law to take on your case. Our lawyers have over 60 years of experience fighting for the rights of Pennsylvania’s injured.
For a no-obligation, free consultation, contact the slip and fall accident lawyers of Munley Law. […]
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Reading Brain Injury Lawyer
Suffering a traumatic brain injury (sometimes called a TBI) is a life-altering event. These injuries have the capacity to permanently affect the way you navigate the world around you. If you or a loved one suffered a traumatic brain injury due to someone else’s negligence, a Reading brain injury lawyer at Munley Law can help you get the proper compensation you deserve to cope with the financial consequences and aftermath.
What Is a Traumatic Brain Injury?
Of course, any injury to the brain, indeed any injury, is traumatic for victims. But a brain injury or traumatic brain damage has specific medical definitions.
At the core, brain damage results from injuries that cause the destruction or deterioration of brain cells. There are two different types, traumatic brain injuries, and acquired brain injuries.
- Traumatic brain injuries result from an external force that causes the brain to move inside or damage the skull. […]
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Wilkes Barre Bus Accident Lawyer
If you or a loved one have been involved in a Wilkes-Barre bus accident, injuries, trauma, damages, life changes, and, in the worst-case scenarios, death is a possible outcome. The trauma of being in this sort of accident and managing its aftermath can be overwhelming. You want to seek the compensation you need and are entitled to. If you or someone you love has fallen victim to a bus accident, our Wilkes-Barre bus accident lawyers can help you recover the compensation you need to rebuild your life. We represent bus passengers and drivers of other vehicles, pedestrians, or bicyclists who were hit by a bus. We have experience dealing with commercial transportation negotiators and a track record of showing our successes.
Our consultation is free, and there’s no charge for our services unless we win your case — call your Wilkes-Barre bus accident lawyer at Munley Law Personal Injury Attorneys today. […]
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Hazleton Truck Accident Lawyer
Were you injured in a truck accident in Hazleton? Call a Hazleton truck accident lawyer at Munley Law.
If you or a loved one have been involved in a truck accident in Hazleton, the aftermath can be overwhelming and confusing. You may be facing significant physical injuries, emotional distress, and mounting financial pressures due to medical bills and lost wages.
Truck accidents are different from regular auto accidents in many ways. They often involve multiple defendants, commercial insurance policies, and much more serious injuries.
Truck accident attorneys representing greater Hazleton, PA
Greater Hazleton encompasses an area within three counties: southern Luzerne County, northern Schuylkill County, and western Carbon County. Hazleton, PA is strategically located near many major interstates, including I-80, I-81, I-84, I-380, and Route 476. Many manufacturing and distribution companies are housed in the McAdoo, Humboldt, and Valmont industrial parks in Hazleton, […]
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