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 Can I Do to Protect My Rights After a Car Accident?
In the midst of a car accident, it is totally normal to feel overwhelmed. Navigating the aftermath of a vehicle collision may involve extensive medical care, expenses for damages, litigation with other party, and interfacing with law enforcement. Though the circumstances are undoubtedly stressful, it is important to remain calm and try your best to think clearly. As a resident of Pennsylvania, you have certain rights following an accident. In this article, we’ll walk you through what your rights are and what you can do to protect them after a crash.
At Munley Law Personal Injury Attorneys, we recognize that car accidents can be traumatic experiences. We express our deepest condolences if you or a loved one were injured in a car crash. With over 60 years of experience, we are eager to put our expertise to work for you. Please reach out to us today for your free consultation. […]
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What is the Average Settlement for a Car Accident Case?
Understanding Car Accident Settlements
The average settlement for a car accident case depends on a variety of factors. From the total amount of property damage done, to the extent of the driver’s injuries, no two car accidents are the same, so no two settlements will be either.
Further, depending on the insurance you and the other driver carry, and your state’s laws on liability, the total compensation you can or will receive will vary.
The personal injury attorneys of Munley Law Personal Injury Attorneys explain how the average settlement for a car accident case is determined.
How Is The Average Settlement For a Car Accident Case Determined?
There are multiple factors that come into play when determining a car accident settlement. Below we will discuss the most critical factors to your personal injury case.
The Severity of Injuries Sustained
The severity of the injuries you sustain from a car accident will be the biggest factor in calculating the worth of your settlement. […]
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Workers Compensation Lawyer for Sam’s Club Warehouse
Sam’s Club is a chain of warehouse stores that scores profits of $50 billion every year, boasting member-exclusive priced home and lifestyle products. However, due to the immense range of products and the speed with which the staff must work to process large order quantities, accidents amongst employees can happen. Some of these incidents could lead to life-altering injuries that require ongoing medical attention and lowered lifetime earning capacity.
The risk of injury is present for all American warehouse workers. In 2020 alone, there were 213,100 warehouse-related injuries reported in the US. The year prior, the warehouse industry saw the second-highest number of fatal workplace injuries in any industry.
If you’re one of the nation’s 100,000 Sam’s Club employees, you know that the company has faced some profiled injury settlements. As of January 2022, Sam’s Club operates 600 membership warehouse clubs in the United States. […]
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What Are My Options If I Sustain a Burn Injury at Work?
Burn injuries at work in Allentown warehouses happen more often than you might think. In 2020 alone, over 60,000 Pennsylvanians suffered workplace burn injuries, and the Pennsylvania Department of Health reported more than 1,500 workers hospitalized from burns caused by heat, chemicals, fire, or electrical accidents. These injuries can change your life, causing severe pain, costly medical bills, and emotional trauma.
Burn injuries vary in severity and often involve complications similar to neck and back injuries. You might not realize how serious a burn is right away, as symptoms can develop over several days. While some burns heal with home care, severe workplace burns often require medical procedures, disability benefits, and rehabilitation.
If you or a loved one suffered a burn injury at work, you’re not alone. The Allentown workers’ compensation attorneys at Munley Law understand your pain and financial stress. […]
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Third Party Claims & Workers’ Compensation Lawyer in Philadelphia
No one wants to experience an injury at work, but the unfortunate reality is that sometimes, these things do happen. Some jobs pose a much higher risk of injury than others; for instance, logging workers, roofers, and truck drivers experience a much higher rate of injury at work than most other people. In 209, CNBC reported that truck drivers experienced fatal injuries at a rate of 26 per 100,000.
This is in stark contrast to the overall average rate of workplace injury in the US that year, which was just 3.5 per 100,000. Refuse and recyclable material collectors are statistically even more at risk, with the most common source of injury coming from transportation incidents. In the state of Pennsylvania, construction workers have historically made up nearly a quarter of all workplace fatalities.
Whether you work in one of these industries or in a different field altogether, […]
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