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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Personal Injury FAQs
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When you are faced with a legal issue or have questions regarding the laws around a personal injury accident, let the leading personal injury law firm in Pennsylvania help you. Please call Munley Law Personal Injury Attorneys or submit a request using our contact form.
What is a personal injury?
A personal injury is a serious harmful act to a person or persons as a result of someone else’s negligence. Personal injury law can involve many types of accidents including truck accidents, car accidents, motorcycle accidents, medical malpractice, product liability, premises liability, workplace injuries and accidents, spinal cord and brain injuries, pharmaceutical negligence, amputations, wrongful death, failure to diagnose cancer, birth and neonatal injuries, […]
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What Does a Truck Accident Lawyer Do?
Truck accidents are a prevalent and often devastating type of roadway collision that can have far-reaching consequences for all parties involved. Due to the sheer size, weight, and power of commercial trucks, these accidents often result in severe injuries, extensive property damage, and even fatalities. As essential components of the global transportation system, trucks play a crucial role in the movement of goods and services, yet their presence on highways and roads also poses a significant risk to public safety. Truck accidents can occur for various reasons, including driver fatigue, mechanical failures, inclement weather, and human error. Understanding the causes, consequences, and legal implications of truck accidents is vital for both truck drivers and other motorists, as it helps promote a culture of safety and responsibility on the roads, ultimately reducing the number of tragic incidents and their impact on individuals and communities.
Truck accidents are a concerning and often devastating occurrence that impacts the lives of many residents and visitors alike. […]
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Pittsburgh Hit and Run Car Accident Lawyer
If you’ve been Involved in a Pittsburgh hit and run accident, the expert car accident lawyers at Munley Law are here for you. Contact us for a free consultation today.
Pittsburgh is often rated one of the best places to live in Pennsylvania. It offers a mix of both urban and suburban amenities, quality schools, and is often considered a safe and all around nice place to live. Even still, hit and run accidents can happen anywhere; Pittsburgh is no exception.
If you or a loved one was involved in a hit and run accident, you don’t have to navigate the aftermath alone. A hit and run lawyer can help you and your family recover the compensation you deserve to start moving forward.
What is a Hit and Run Accident? 
A hit and run accident generally occurs when the at fault driver leaves the scene of an accident. […]
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How Are Motorcycle Accidents Different From Car Accidents
Do you ever wonder why motorcycle accidents are often more severe than car accidents? It all comes down to the differences in vehicle structure and protection. In a car accident, you have the advantage of being surrounded by a solid metal frame, airbags, and other safety features that absorb the impact and protect you from harm.
However, when it comes to motorcycles, there is no such protection. You are exposed and vulnerable, which significantly increases the risk of severe injuries in the event of an accident.
Motorcycle accidents also differ from car accidents due to the factors that contribute to them. Speeding, reckless driving, and lack of visibility are some common causes of motorcycle accidents.
Motorcycles are smaller and less visible on the road, making it easier for other drivers to overlook them. Additionally, their smaller size and agility can tempt riders to take risks, […]
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Can You Sue For Wrongful Death In A Motorcycle Accident Claim?
Are you wondering if you can sue for wrongful death in a motorcycle accident claim? Losing a loved one in a tragic accident is devastating, and seeking justice for their untimely death is an important step towards closure.
In this article, our motorcycle accident lawyers will explore the possibilities of filing a wrongful death claim in the context of a motorcycle accident.
When it comes to wrongful death claims in motorcycle accidents, understanding the legal process is crucial. To successfully sue for wrongful death, you will need to establish negligence on the part of the responsible party. This means proving that their actions or lack of action directly caused the accident and subsequent death.
It may involve gathering evidence such as witness testimonies, accident reports, and expert opinions to build a strong case. Additionally, […]
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