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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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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What Are Premises Liability Claims?
America’s #1 accident lawyers explain how you can win your premises liability lawsuit
Accidents often happen when we least expect them. They often occur in the places that feel the most comfortable and mundane. People suffer injuries at the grocery store or a close friend’s home. As the National Floor Safety Institute (NFSI) reports, the leading cause of emergency room visits in the United States is slip and fall accidents. In fact, 8 million Americans (21.3%) seek emergency treatment for a fall each year. As such, the most common accidents are slip and fall accidents. However, they are not the only accidents that occur outside of the home. Accident victims who suffer injuries at a business or property may be able to file premises liability claims to recover their losses.
Premises liability law can be tricky. As such, the nation’s best personal injury lawyers from Munley Law Personal Injury Attorneys are here to help. […]
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Can You Sue Uber for Accident Injuries?
Uber and Lyft crashes: Can rideshare passengers sue?
If you were a passenger in a car or SUV that crashed, you may be wondering if you can sue Uber for your accident injuries. The nation’s #1 crash lawyers explain.
Last year, more than 5 million Uber driver took Americans on 6.9 billion trips. As such, the rideshare app brought in an annual net revenue of 14.1 billion. Lyft finished out the year with 23 million active users and 3.6 billion in revenue. In many ways, these innovative apps positively change how we think about transportation and the gig economy. At the very least, they alter how many of us get from Point A to Point B.
However, rideshare apps like Uber and Lyft also contribute to a growing danger in the United States. According to researchers at the Massachusetts Institute of Technology (MIT), […]
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Bethlehem Medical Malpractice Lawyer
If you need a Bethlehem medical malpractice lawyer to win justice for you, you need Munley Law Personal Injury Attorneys
Get justice, get results, and get maximum compensation for your injuries/illness caused by medical error in the Lehigh Valley
According to the Medical Malpractice Center (MMC), medical errors are the third leading cause of death in the United States. Unfortunately, preventable mistakes cause the deaths of 195,000 patients every year. Likewise, the MMC reports that 100,000 people die each year because of doctors’ failures to properly diagnose their illnesses. In fact, from 1986 until 2010, hospitals, healthcare companies, and doctors paid $38.8 billion to medical malpractice victims. If your doctor, nurse, or healthcare professional messed up your medical care, take action. Above all, you deserve justice and a Bethlehem medical malpractice lawyer who will fight for maximum compensation for your injuries. […]
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Fatal tractor trailer crash on I-81 in Lackawanna County
A Dickson City man and a Philadelphia woman were killed in a crash with a tractor trailer on I-81 in Moosic, PA at around 11:20 PM Wednesday, October 7, 2020. The Scranton Times-Tribune reports that fire departments from Moosic, Avoca and Taylor responded to the crash scene, along with multiple EMS units. The highway was shut down for hours overnight before reopening around 7AM on Thursday morning. Initial reports say that the tractor-trailer struck the victims’ vehicle while attempting to change lanes; both vehicles then went over an embankment and the car was crushed under the truck. The truck driver was not seriously injured.
Additional investigation will determine the exact cause of the crash. The days following a tractor-trailer crash will be critical in collecting and preserving evidence in order to determine if negligence contributed to this tragedy. Most tractor-trailers are equipped with black box data recorders containing all kinds of information about the truck and driver in the moments leading up to the crash. […]
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