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
More information about Negligence
Child Brain Injury Lawyer
Traumatic Brain Injury in Children & Infants
Every parent and caretaker’s primary goal is to keep their children safe, happy, and healthy. But unfortunately, sometimes unforeseen events and accidents can’t be avoided, even when all proper precautions have been taken.
An injury in a child is devastating and stressful for both the child and their entire family, particularly when that injury involves the brain. In fact, a study published by the National Center for Biotechnology Information cited traumatic brain injury as “the leading cause of death and disability in children”.
If your child or a child in your life has experienced a brain injury, first and foremost, we are deeply sorry for your suffering. Please know that you are not alone — you have the right to recover both justice and financial compensation for your trauma. At Munley Law Personal Injury Attorneys, […]
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When Should a Philadelphia Personal Injury Lawyer Be Used?
Injured Due to Negligence? A Philadelphia Personal Injury Lawyer Can Help
A personal injury lawyer should be used anytime there is an injury, either physical or emotional, resulting from possible negligence. If you’re asking “when should a Philadelphia personal injury lawyer be used?” the answer could be many different scenarios. This might look like a lot of different situations ranging from a car or truck accident to slipping and falling on a construction site.
Many different types of accidents might necessitate the use of a Philadelphia personal injury lawyer. Think bus (SEPTA) accidents, slip and fall accidents, car accidents resulting in injuries, and construction site dangers that resulted in harm to you or one of your loved ones.
At Munley Law Personal Injury Attorneys, we work on a contingent basis. We only get paid if we win your case. […]
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How Much Are Lawyer Fees for a Personal Injury Lawyer in Philadelphia?
Understanding Personal Injury Lawyer Fees
If you’ve been injured in an accident, the last thing you should be stressing about is how to pay for a personal injury lawyer. If you’re wondering “How Much Are Lawyer Fees for a Personal Injury Lawyer in Philadelphia?” the answer could be different depending on your choice of lawyer. Typical fees for an experienced personal injury lawyer generally fall into two types: hourly basis and contingency basis.
At Munley Law Personal Injury Attorneys, we work on a contingency fee basis. That means our Philadelphia personal injury attorneys don’t get paid unless we win you financial compensation. It’s important to us that the injured who need to file personal injury claims don’t have undue stress. If you’ve been injured due to someone else’s negligence, contact us today for a free consultation.
What Are Contingency Fees?
The majority of personal injury attorneys, […]
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Are Slip and Fall Accidents Hard to Prove?
Are Slip and Fall Accidents Hard to Prove?
Proving negligence in a slip and fall accident comes with its own complications. Were you not paying attention? Was the property it occured on your own? Or did it happen in a public space?
Though proving negligence in a slip and fall accident can be difficult, it is important to do so if you want to seek recovery for the damages you incurred.
At Munley Law Personal Injury Attorneys, we know how critical these personal injuries cases are to your overall recovery. We have been helping slip and fall accident victims for more than 60 years and we’re ready to help ensure you get the compensation you deserve.
Components of Negligence in Slip and Fall Accidents
Following a slip and fall, your main priority is to seek medical attention. […]
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How Common Are Slip and Falls?
Slip and Falls Accidents are Very Common
Slip and fall accidents remain one of the most common causes of injury in the United States with more than 3 million older adults being treated in emergency rooms for fall injuries each year. Further, slips, trips, and falls remain the most common cause of injury in retail stores.
While these accidents are common, they also can be costly. Learn more about the common causes, injuries, and costs of slip and fall accidents and how the slip and fall lawyers at Munley Law Personal Injury Attorneys can help.
What Are Common Causes of Slip and Fall Accidents?
Slip and fall accidents can occur anywhere– in residential, commercial, industrial, and public places. Because of this, there is a responsibility for everyone to keep spaces clear and free of hazards. Unfortunately, this doesn’t always happen, […]
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