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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Car Accident Lawyer
When you’re dealing with mounting medical bills, lost wages, and the aftermath of a serious collision, you can’t afford to work with inexperienced car accident lawyers who settle for less. Munley Law’s veteran trial attorneys have recovered millions for accident victims. We are unafraid to take on insurance companies to obtain fair compensation for our clients.
Our award-winning legal team will investigate every detail of your case. We work with top accident reconstruction professionals and refuse to let insurance companies pressure our clients into unfair settlements. We handle everything so you can focus on healing while we fight relentlessly for the full compensation you deserve. An experienced accident lawyers at Munley Law is ready to fight for you today. Getting injured in an accident can be a frightening and devastating experience, so let our accident attorneys focus on getting you compensation.
Call or chat to schedule your free consultation with our experienced legal team. […]
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What Are the 5 Most Common Causes of Wrongful Death?
Learn about the five most common causes of wrongful death, including medical malpractice and accidents, and how to protect your rights.
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What Is a Wrongful Death vs Survival Action?
Losing a loved one is always incredibly painful, but losing someone tragically and unexpectedly due to someone else’s negligence can seem impossible to navigate. If your family member was a key financial supporter of your household, your grief is likely being compounded by extreme financial stress. You may be wondering how you can put your family member or spouse to rest, pay off their medical bills, and keep your household afloat, but you may have legal recourse through wrongful death or survival claims. At Munley Law, our wrongful death attorneys can walk you through your options to seek justice for your deceased family member and obtain financial support.
Understanding Wrongful Death Claims
A wrongful death claim is a type of lawsuit that serves to compensate a deceased person’s family members for the loss they have suffered as a result of their loved one’s death, […]
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Parking Lot Pedestrian Accidents
Being hit by a car as a pedestrian can leave you seriously injured. You might expect this type of accident to happen in a crosswalk or other such setting. However, a parking lot can also be the setting of a harmful pedestrian accident.
Have you been injured as a pedestrian in a parking lot? You may be eligible for compensation if so. Contact Munley Law today for a free consultation.
The Hidden Dangers: Parking Lot Accident Statistics
A parking lot may not seem hazardous for a pedestrian. Unfortunately, parking lot accidents involving pedestrians are more common than you may realize. According to a report from a Bureau of Labor Statistics economist who studied the data, approximately 13% of all parking lot accidents involve pedestrian death. The National Safety Council has also tracked a fairly consistent rate of car accidents involving pedestrians in parking lots. […]
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Lancaster Medical Malpractice Lawyer
When you seek treatment from a healthcare provider in Lancaster, PA, you assume they will help you heal from injury and illness. You likely don’t imagine that a doctor will cause harm or that they will allow harm to befall you.
Unfortunately, healthcare providers can be negligent. If you or a loved one have struggled with injuries, illness, medical bills, and other such consequences because a medical professional was negligent, you may seek compensation by filing a medical malpractice claim or lawsuit.
Serving the area for 65 years, the Lancaster medical malpractice lawyers at Munley Law can review your case and fight for the compensation you deserve if you decide to take action. Learn more by contacting us today for a free consultation.
Understanding Medical Malpractice in Lancaster, PA
Medical malpractice occurs when a healthcare provider fails to provide a patient with the quality of care that a reasonable healthcare provider would generally offer in a given situation. […]
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