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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Pennsylvania Bicycle Safety Laws
Pennsylvania Bicycle Laws: Everything You Should Know
Over the years, one of the biggest threats to public safety is road accidents. According to the Pennsylvania Department of Transportation (PennDOT) secretary, one life lost is one too many, and the organization is working towards zero deaths.
Sadly, however, the number of traffic accident fatalities remains startling. Though there was a record low of 1,059 deaths in 2019, the number rose to 1,129. Among the most vulnerable to such crashes are cyclists.
Though there was a decrease in bicyclist injuries from 1,003 in 2019 to 799 in 2020, the number of fatalities rose from 16 to 22. For the lucky ones, they walk away from such incidents with minor injuries. But for some, it’s not the case.
Due to the evident disadvantage cyclists have, a bicycle crash with a vehicle can result in severe injuries. […]
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RV Accidents in Pennsylvania
Summer Travel: RV Accidents in Pennsylvania
RVing is a culture popular with residents of Pennsylvania. Some people acquire RVs for occasional use, such as summer holidays or weekend trips, while others prefer cruising with these vehicles all year long. Sadly, accidents involving RVs often lead to catastrophic injuries, thanks to the vehicles’ enormous sizes and mass. If you are involved in an RV accident in Pennsylvania, an experienced auto accident lawyer can help you determine what to do next.
Although many RV operators are usually careful when cruising with these big machines, some just lack the skills and attention needed to enhance safety. This poses a significant danger to motorists, bystanders, and pedestrians who may end up with serious injuries, permanent damage, or in worst-case scenarios, loss of life.
Our RV accident attorneys are committed to helping residents of Pennsylvania who have been victimized by the poor decision of others obtain fair compensation. […]
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Does Workers’ Compensation Cover Seasonal Workers?
Does Workers’ Compensation Cover Seasonal Workers?
Businesses supplement their staff in peak seasons like summertime and winter holidays by hiring seasonal employees. As the workforce grows, coverage requirements evolve, including workers’ comp seasonal employees’ demands.
The Pennsylvania Minimum Wage Act doesn’t give a clear distinction between full-time, part-time, seasonal, and temporary employees. Some employers provide more benefits to full-time staff than other workers.
So, what happens if you are a short-term employee and you sustain a work-related injury or illness? This post explains how the Pennsylvania Workers’ Compensation Act protects seasonal workers.
Workers’ Compensation Coverage for Seasonal Employees
Pennsylvania worker’s compensation covers nearly all workers, including part-time, temporary, and seasonal employees. Employers like corporations, nonprofits, unincorporated businesses, and even entities with just one employee must provide workers’ compensation coverage.
However, […]
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Proving Negligence in a Premises Liability Case
How You Can Prove Negligence and Win Your Premises Liability Case
If you suffered serious injuries at another’s business or property, then you deserve compensation for your pain and expenses. However, to do so, you will need to demonstrate the business or property owner’s responsibility for your injuries. As a result, Munley Law, the nation’s leading personal injury law firm, is here to explain what you will need to show and how you can show it. If you are ready to win big, then follow these tips for proving negligence in a premises liability case. When you’re ready to find out how much compensation you could get, discuss your case with an award-winning premises liability lawyer from Munley Law . Call, text, message, or chat us. Today and every day, the consultation is always free.
Tips for Proving Negligence in Your Premises Liability Injury Case
Tip #1 – Understand what a premises liability case is
In order to negotiate a favorable settlement or win at trial, […]
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Determining Fault in an Auto Accident
After a car accident, hold the driver at fault accountable
The nation’s #1 personal injury lawyers explain how to determine who caused an auto collision
A crash can unquestionably change everything. Most people think that it won’t happen to them. However, 6 million drivers and passengers collide every year. The Centers for Disease Control and Prevention (CDC) reports that 3 million of those accident victims suffer serious injuries. Each year, 38,000 die in fatal car, SUV, and truck crashes. In addition to these tragic injuries and deaths, auto collisions are tremendously costly. In fact, the CDC reports that “medical care costs and productivity losses associated with injuries and deaths from motor vehicle crashes exceed $75 billion.” In most causes, determining fault in an auto accident is also the first step towards figuring out who must pay a crash victim’s expenses. However, this can be complicated. […]
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