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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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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How Long After a Slip and Fall Can You Sue?
Determining When to Sue in a Slip and Fall Case
The state you live in and laws surrounding personal injury and wrongful death ultimately determines how long after a slip and fall you can sue. While state laws take into account the amount of time it takes to file a claim with insurance, partake in negotiations, and in some cases, go to trial, should you miss the statute of limitations, you lose the right to seek legal recourse against the party who owned the property and caused your injury.
Learn more about slip and fall statute of limitations and how Munley Law Personal Injury Attorneys can help get the compensation you deserve for your losses.
Pennsylvania, New York, New Jersey, and Delaware Slip and Fall Statute of Limitations
For more than 60 years, the slip and fall attorneys at Munley Law Personal Injury Attorneys have been representing accident victims across Pennsylvania, […]
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What is the Average Settlement for a Slip and Fall Accident?
Slip and Fall Accident Settlements
Many people who suffer slip and fall accident want to know what the average settlement is, especially if you or a loved one recently suffered a serious injury or even wrongful death. While no two slip and fall accident cases are the same, there is still a lot of information to be gathered from what an “average” slip and fall settlement may yield to victims.
The best way to understand how much your case is worth is by speaking directly to a Munley Law Personal Injury Attorneys slip and fall accident lawyer. At Munley Law Personal Injury Attorneys, we work on a contingency fee basis, which means we don’t get paid unless we win your case. That means it’s free to speak to a lawyer to understand your options and what your an expect. Contact us today.
How Much is the Average Slip and Fall Settlement? […]
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How Much is Pain and Suffering Worth in a Slip and Fall Accident?
Understanding Pain and Suffering After a Slip or Fall Accident
How Much is Pain and Suffering Worth in a Slip and Fall Accident? Slip and fall accidents can happen to anyone, at any time – from a friend’s front stairs, to your local grocery store, and your place of work – hazardous environments are all around and can cause serious harm to victims. Adults, 65 and older, are particularly vulnerable to slips and falls. In fact, over 3 million older adults are treated in hospital emergency rooms every year for slip and fall accidents.
If you or your loved one were a victim of a slip and fall accident, you may be entitled to compensation not only for immediate medical expenses, but for pain and suffering as well. Pain and suffering describes both the physical and emotional injuries a victim suffers following a slip and fall accident. […]
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Should I Get a Lawyer for a Slip and Fall?
A Slip and Fall Accident Attorney Can Help
A slip and fall accident occurs when one party is injured when slipping or tripping and falling, usually on another person’s property, due to some sort of hazardous condition. This “hazardous condition” could be any number of things, such as a wet or slippery floor, a faulty handrail, or loose carpeting.
Many people may not realize just how serious the injuries caused by a slip and fall accident can be, for anyone, but particularly people over 65. In fact, 75% of slip and fall accident deaths occur in this age group, and 66% of all injury cases in people over 65 are the result of a fall.
If you have been injured in a slip and fall accident, you may well be entitled to compensation. But simply determining whether you have a case, let alone navigating the legal and insurance systems as you fight for compensation, […]
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