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 Happens in a Product Liability Case?
Product liability is an important legal concept that protects consumers from defective and dangerous products. When consumers purchase products, they have the right to expect that those products are safe and free from defects. However, in some cases, products may cause harm or injury due to design flaws, manufacturing defects, inadequate warnings, or other product-related issues. This is where product liability comes into play.
Product liability refers to the legal responsibility of manufacturers, distributors, suppliers, and retailers for injuries or damages caused by their products. When a product fails to meet safety standards or causes harm, consumers have the right to seek compensation for their injuries, medical expenses, lost wages, and other damages through a product liability claim.
A product liability case arises when a consumer is harmed or suffers injury due to a defective or dangerous product. These cases hold manufacturers, […]
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What is Nursing Home Abuse?
Nursing homes are meant to be safe havens for our elderly loved ones, providing them with the care and support they need in their later years. However, unfortunately, instances of nursing home abuse and neglect do occur, causing physical, emotional, and psychological harm to vulnerable residents. Nursing home abuse is a grave concern that demands our attention and action.
Nursing home abuse encompasses a range of harmful behaviors and actions inflicted upon residents by caregivers or staff members. This can include physical abuse, emotional or psychological abuse, sexual abuse, neglect, and financial exploitation. These acts not only violate the rights and dignity of the elderly but also jeopardize their well-being and quality of life.
It is essential to raise awareness about nursing home abuse, understand the signs and symptoms, and take appropriate measures to protect our loved ones. By recognizing the seriousness of the issue and seeking legal recourse, […]
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Bethlehem Lyft Accident Lawyer
We primarily think of Lyft as a convenience, a means of getting from point A to point B at a reasonable cost. It can be easy to forget that when we get into a Lyft we are trusting a stranger with our lives and safety. Would you know what to do if your Lyft driver got into an accident? What if the accident was your Lyft driver’s fault? Who should pay for your injuries? Will Lyft take any responsibility?
A Bethlehem Lyft accident lawyer at Munley Law Personal Injury Attorneys can answer these questions, and more. Since 1959, Munley has been the most trusted name in law in Pennsylvania and the Lehigh Valley. Our attorneys understand the complexities of rideshare car accidents and can help you navigate this often-confusing situation. We have decades of experience handling serious injury cases involving big transportation companies and commercial insurance policies. […]
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Hazleton Slip and Fall Lawyer
How your Hazleton accident can get you compensated for your injury and recovery
If you or a loved one have been in a Hazleton slip and fall accident, the injury, the loss of income, and the pain and suffering may seem overwhelming. Figuring out when and what you need to prove your case, all while managing your life and recovering from your injuries, is a huge challenge. Some scenarios can also involve fighting for compensation for a tragic, fatal slip and fall.
Our Hazelton slip and fall lawyers are here to help to assess your case and its damage, so that no stone is left unturned, and to make certain the evidence needed to prove negligence is collected. Contact Munley Law Personal Injury Attorneys to begin the process of fighting for the compensation that is rightfully yours; our slip and fall team has the experience, […]
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Bethlehem Brain Injury Lawyer
Everything you need to know about making your traumatic brain injury case get you what you are entitled to
If you or a loved one have suffered a traumatic brain injury (TBI), you will find that managing your injury, your lifestyle adjustments, your finances, and your emotional and psychological trauma can be more than overwhelming. If you or a loved one have been injured in a car accident, a birth injury, a sporting accident, a workplace accident, or another event that led to severe head trauma, you should not have to file a brain injury lawsuit alone. Contact the Bethlehem brain injury lawyers at Munley Law Personal Injury Attorneys to schedule a free consultation.
What is a Traumatic Brain Injury (TBI)?
TBIs can be the result of various injuries that typically involve a blow to the head in penetrating (entering the skull/open) or non-penetrating (skull surface/closed) damage. […]
