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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Who Is Liable In A Philadelphia Idego Bikeshare Accident?
Picture this: you’re cruising down the streets of Philadelphia on an Indego bike, feeling the wind in your hair and the adrenaline pumping through your veins. Suddenly, a pedestrian steps out from nowhere, causing you to swerve and collide with a parked car.
In this scenario, who is to blame? Is it the rider who failed to react in time? Or is it the city’s responsibility to ensure the safety of its bike-sharing program?
Throughout this article, we will explore the roles and responsibilities of each party involved, shedding light on the complex process of determining liability in Philadelphia Indego bikeshare accidents. So, hold on tight as our Philadelphia bicycle accident lawyers navigate the web of responsibility and implications that arise from these unfortunate incidents.
Responsibilities of Riders in Philadelphia Indego Bikeshare Accidents
When riding in Philadelphia’s Indego bikeshare program, […]
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Can I Sue Someone Personally After A Motorcycle Accident?
Have you recently been involved in a motorcycle accident and are wondering if you can sue the responsible party personally? The answer to that question depends on several factors, but it is definitely possible to take legal action in such cases. This article will provide you with a guide on how to navigate the process of suing someone personally after a motorcycle accident.
First and foremost, it is crucial to determine who was at fault for the accident. This can be done by gathering evidence such as photographs, witness statements, and police reports. Once fault has been established, it is advisable to consult with an experienced personal injury attorney who specializes in motorcycle accidents. They will be able to evaluate the strength of your case and guide you through the legal process.
With their motorcycle accident expertise, you can ensure that you are taking the right steps towards seeking justice and fair compensation for your motorcycle accident injuries and damages. […]
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Easton Car Accident Lawyer
Were you the victim of a car crash in Easton? Have a team of our top auto accident lawyers review your case for free.
If you’ve been seriously injured or lost a loved one in a car accident in Easton, PA, you need a legal team who will help make things right for you. We understand how devastating it is to have your life altered by someone else’s negligence. Mounting medical bills and loss of income due to car crash injuries can affect your entire family. You deserve fair compensation. Find out how an Easton auto accident lawyer at Munley Law Personal Injury Attorneys can help you.
What sets Munley Law Personal Injury Attorneys apart from other personal injury law firms in Northampton County? We have been representing individuals and families in the Lehigh Valley for more than 60 years. Our lawyers have helped thousands of people just like you who have suffered life-altering injuries and losses due to an auto accident. […]
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Easton Truck Accident Lawyer
Our Easton truck accident lawyer will fight for you against the trucking company
Get the maximum compensation and the justice you deserve for your truck accident injuries
Easton, a bustling city known for its vibrant economy and heavy traffic, unfortunately, also sees its fair share of truck accidents. Each year, numerous residents and commuters become victims of these devastating incidents, resulting in significant physical, emotional, and financial distress. The complexity of truck accidents, coupled with the severity of the damages they often cause, makes them a unique category within personal injury law.
In such challenging times, the importance of having a local attorney who specializes in truck accident litigation cannot be overstated. A local lawyer not only understands the specific laws and regulations of Easton but also has a deep familiarity with the local courts, judges, and other attorneys. This local expertise, […]
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What is the Leading Cause of Bicycle Deaths in Scranton?
As an avid cyclist, your safety should always be a top priority. Bicycle accidents, bicycle injuries, and other forms of cycling accidents are unfortunate, with many factors contributing to this issue. Understanding these factors could prove pivotal in safeguarding your life and the lives of others. Together, we can reduce the number of bicycle accidents and serious injuries and promote a culture of safer cycling.
If you get into a bicycle accident or lost a loved one in a bicycling crash in Scranton, PA, you may need an experienced bicycle accident lawyer to help you with your claim. Contact the Scranton bicycle accident lawyers at Munley Law to schedule a free consultation.
What Are the Common Causes of Bicycle Accidents?
Every time you mount your bicycle and hit the road, several potential risks could turn your healthy exercise or commuting choice into a deadly scenario. […]
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