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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Hazleton Catastrophic Injury Lawyer
If you or a loved one experienced a catastrophic injury as the result of a traumatic accident, it is critical that you get the right legal representation. Our attorneys have decades of experience representing accident victims in Hazleton and throughout Pennsylvania.
A catastrophic injury can impact your life in more ways than most people can comprehend. From chronic pain and limited mobility to physical disabilities and emotional trauma that interfere with your ability to work and enjoy life, suffering a catastrophic injury can truly mean that life will never be the same.
If you or a close family member has been diagnosed with a catastrophic injury as a result of an accident in which another person or company was to blame, you deserve compensation for your injury-related losses. While no amount of money can truly restore what you have lost, asserting your legal rights can be critical to your recovery and your family’s long-term financial stability. […]
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Hazleton Bicycle Accident Lawyer
If you were hurt in a bicycle accident in Hazleton, our attorneys can help you collect just compensation. Call today to speak with an experienced personal injury lawyer for free.
Whether you ride for fun, exercise, or transportation, as a cyclist in Hazleton, you are at risk for being injured by a negligent driver. Bicycle accidents are alarmingly common. In most cases, it is a careless or distracted driver who is to blame. If you were run off the road or injured in a collision involving a motor vehicle, you deserve just compensation. With decades of experience and millions of dollars recovered, our attorneys can help maximize your financial recovery for your medical expenses, loss of income, pain and suffering, and other losses.
At Munley Law Personal Injury Attorneys, we have been representing accident victims in Hazleton since 1959. […]
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Pottsville Medical Malpractice Lawyer
If you or someone you love suffered due to medical negligence in the Pottsville area, contact a Pottsville medical malpractice lawyer at Munley Law Personal Injury Attorneys for a free consultation
When someone suffers harm because of medical mistakes or failure to follow a standard of care, the negligent caregiver should be held responsible. As the patient or patient’s family member, you may be eligible for financial compensation for your suffering. The medical malpractice lawyers at Munley Law Personal Injury Attorneys can help. For nearly 60 years, our personal injury lawyers have helped people like you who have been harmed by medical errors or negligence.
Medical malpractice cases are often very complex. It is vital that you consult with an experienced medical malpractice attorney in Pottsville to ensure your have the best chance of recovering full and fair compensation for your losses. […]
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Pottsville Product Liability Lawyer
Hurt by a dangerous or defective product in Schuylkill County? Get a free consultation with a Pottsville product liability lawyer at Munley Law Personal Injury Attorneys.
As a consumer, you expect that the products you use each day have been properly designed and tested for safety. It is the responsibility of product designers and manufacturers to ensure that their products are not dangerous, defective, or harmful in any way to the consumer. If someone gets hurt because of a defective or unsafe product, the brand or manufacturer of that product may be liable.
At Munley Law Personal Injury Attorneys, we hold the makers of dangerous products accountable for the harm they cause. Product liability cases are difficult, so it’s imperative that you find an attorney with experience handling these cases. Our product liability lawyers have decades of experience handling a wide range of products cases including everything from automotive recalls to unsafe medical devices. […]
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How to Choose the Right Personal Injury Lawyer for You
Choosing the right personal injury lawyer
When you find yourself in need of legal advice or representation, it can be hard to know where to begin. You may never have had to seek a lawyer before. You may be unfamiliar with how the legal system works, or whether you even have a case. With so many lawyers to choose from, how do you know who you can trust? How do you know who will get the best results? We have some advice on how to choose the right personal injury lawyer for your unique case.
Not all law firms are created equal. In fact, your choice of personal injury lawyer can make all the difference in the success of your case. When you’ve been injured, or lost a loved one in a tragic accident, you want to know that your case is in the right hands. […]
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