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 is Road Rage?
Is Road Rage Dangerous?
Emotions get the best of all of us at times, but when driving on the road, we have a responsibility to use good judgement, composure, and respect amongst fellow drivers and pedestrians. It is tempting to get angry or upset when someone clearly cuts you off or abruptly changes lanes without signaling, and that same anger can tempt you to start raging at someone and practicing reckless driving. Giving into your emotions in the heat of the moment can intensify the danger of an already precarious situation; often termed as “road rage,” aggressive retaliation on the road can trigger a series of dangerous, and even deadly, consequences. With all of this in mind, there are safe practices to manage your frustration and to be on the alert for when sharing the road with aggressive drivers.
If you were involved in a car accident with a driver suffering from road rage, […]
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Philadelphia 18 Wheeler Accident Lawyer
Your Advocates After an Accident With an 18 Wheeler
When you or a loved one has been hurt in an 18 wheeler truck accident in Philadelphia, you might be facing an uphill battle to recover the just compensation you deserve. Eighteen wheelers, also known as tractor trailers or semi trucks, are heavy commercial trucks that can weigh over 80,000 pounds and are 25 times the size of an average passenger vehicle.
Truck accidents are far more serious than most passenger vehicle crashes. Commercial truck accidents involving 18 wheelers can cause far more serious injuries than car accidents. If you have been involved in a truck accident in Philadelphia, you need an experienced Philadelphia 18 wheeler accident lawyer on your side.
The Philadelphia truck accident lawyers at Munley Law Personal Injury Attorneys have over 60 years of experience handling truck accident claims throughout Pennsylvania. […]
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What Qualifies as Personal Injury?
How Do I Know If I Have a Personal Injury Claim?
You may have seen TV ads, billboards, and more advertising the services of personal injury lawyers, but what exactly what does this term mean? In this article, we’ll explore the meaning of personal injury, and how it may impact you and your life.
Remember: if you or your loved one has been injured in an an accident, you may have a right to compensation. Don’t hesitate to contact Munley Law Personal Injury Attorneys to discuss your personal injury claim and learn we can help protect your interests.
Understanding Personal Injury
While we all try to go about our daily lives safely and responsibly, the reality is that accidents do happen. Often, these accidents — whether that be a car accident, a slip and fall, or something else — […]
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Who is Responsible for a Truck Accident in Philadelphia?
Can Multiple Parties Be Responsible for a Trucking Accident?
Truck accidents involving passenger vehicles are complex, especially when it comes to determining who is responsible for the truck crash. Truck accidents require a thorough investigation to discover who is at fault. Unlike a normal car accident, there could be multiple parties responsible, such as the truck driver, trucking company, the shipping company, or the manufacturer of the vehicle.
If you or a loved one were injured in a truck accident caused by the negligent actions of a truck driver or the trucking company, know that you likely can recover compensation for any losses. An experienced truck accident lawyer at Munley Law Personal Injury Attorneys can investigate the crash and identify all defendants. Learn more about how a Philadelphia truck accident lawyer can help you recover losses for your truck accident injuries.
How is Liability Determined in Philadelphia Truck Accident Cases? […]
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How Long Does It Take to Receive a Offer of Compensation?
Does it Take a Long Time to Receive a Fair Settlement Agreement?
After an accident, you may have a million things running through your mind. At the top of the list might be how you are going to recover from your injuries, including who is going to pay for medical bills, take care of you, and more. And how long does it take to receive compensation.
To ensure you receive fair compensation in any kind of personal injury claim or personal injury lawsuit, you want to make sure you have an experienced injury lawyer by your side. At Munley Law Personal Injury Attorneys, our personal injury lawyers have been fighting on behalf of victims for more than 60 years. Our team of lawyers have received settlement funds in the millions for our clients. We will use our skills to negotiate with insurance company to ensure you receive a fair offer of compensation so you can recover from your injuries. […]
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