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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Reading Bus Accident Lawyer
We share our roads with commercial and municipal buses every day. When an unfortunate bus accident occurs, victims are left to manage injuries, physical damages, psychological damages, lifestyle adjustments, financial losses, and, in the worst-case scenarios, death. You want to seek the compensation that you need and are entitled to; keep in mind that bus companies have large teams ready to manage their defense and great sources of financial backing to do so. This can be extremely intimidating if you do not have the help of an attorney who is experienced in dealing with these large bus company entities and their counterparts.
If you or someone you love was hurt or killed in a bus accident, our Reading bus accident lawyers can help you recover the compensation you need to rebuild your life. We represent bus passengers as well as drivers of other vehicles, pedestrians, […]
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Alabama Truck Accident Lawyer
Alabama Truck Accidents Can Be Devastating, Munley Law Truck Accident Lawyers Are Here to Help.
If you or a loved one sustained injuries in a truck accident in Alabama– you may be suffering from physical injuries orexperiencing grief because a loved one has lost their life in the accident. Don’t go it alone, call a skilled Alabama truck accident lawyer who understands the complex nature of your situation and is determined to fight for the fair
compensation you deserve for the injuries you’ve experienced.
The Personal Injury Attorneys at Munley Law are devoted to seeking justice for victims of truck accidents caused by negligence. As leading truck accident lawyers across the nation, Munley Law truck accident lawyers have the expertise, experience, compassion, and vigor to undertake your Alabama truck accident case. Our truck accident injury attorneys have a remarkable history of success spanning more than six decades, […]
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Dedicated Lyft Accident Lawyer
Our Lyft Accident Lawyers Can Fight For Your Rights
If you were involved in an accident with a Lyft driver, your first call should be to a Lyft accident lawyer at Munley Law. With over 60 years of experience, we understand the issues surrounding these types of accident cases. We will make sure you get compensation for your injuries from the at-fault driver and help you on the path to recovery.
Don’t wait. Schedule a free consultation with our Lyft accident attorney today to start the claims process.
What is Ridesharing?
Ridesharing is a service that directly connects drivers with passengers who need transportation services. The idea is as old as the 1990s when small start-ups generated a new way to help people find carpooling partners – literally “ride sharing”. However, ridesharing as we now know it was pioneered in 2009 by Uber. […]
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Bethlehem Slip and Fall Accident Lawyer
Be it an iced, slick walkway, a spill in the grocery store, or an uneven sidewalk when slip and fall accidents occur, you can get a lot more than a bruised knee. Though no one intentionally plans to hurt another with a spill or other surface issue, property owners have a duty of care owed to visitors and guests to keep their properties safe and clear. And when those properties are not properly maintained and you get hurt, you need someone to turn to.
If you or a loved one were injured in a slip and fall accident in Bethlehem or the surrounding area, allow the personal injury lawyers of Munley Law to take on your case. Our lawyers have over 60 years of experience fighting for the rights of Pennsylvania’s injured.
For a no-obligation, free consultation, contact the slip and fall accident lawyers of Munley Law. […]
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Reading Brain Injury Lawyer
Suffering a traumatic brain injury (sometimes called a TBI) is a life-altering event. These injuries have the capacity to permanently affect the way you navigate the world around you. If you or a loved one suffered a traumatic brain injury due to someone else’s negligence, a Reading brain injury lawyer at Munley Law can help you get the proper compensation you deserve to cope with the financial consequences and aftermath.
What Is a Traumatic Brain Injury?
Of course, any injury to the brain, indeed any injury, is traumatic for victims. But a brain injury or traumatic brain damage has specific medical definitions.
At the core, brain damage results from injuries that cause the destruction or deterioration of brain cells. There are two different types, traumatic brain injuries, and acquired brain injuries.
- Traumatic brain injuries result from an external force that causes the brain to move inside or damage the skull. […]
