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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What If I am Partly to Blame for the Truck Accident?
Can I Still Receive Compensation if I’m Partially At Fault for a Truck Crash?
If you’ve been involved in a truck accident in Pennsylvania, you may be wondering what your legal options are. One important question that may be on your mind is whether you can still pursue a personal injury claim if you are partly to blame for the accident.
The answer is yes, you can still pursue a claim even if you are found to be partly at fault for the accident. If you have been involved in a truck accident in Pennsylvania and you are partly to blame, it does not mean you cannot pursue a claim. But it is important to speak with an experienced truck accident lawyer at Munley Law to learn what your options are and what compensation you could receive.
What is Comparative and Contributory Negligence? […]
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Philadelphia Dog Bite Lawyer
Dog Bite Accident Lawyer in Philadelphia
Being the victim of a dog bite is undoubtedly a terrifying and stressful experience. A Philadelphia dog bite lawyer at Munley Law Personal Injury Attorneys can help.
Many Americans have furry companions; in fact, nearly one third of American homes include a canine family member. But dogs are still animals, and the risk of a bite is always present. A CDC (Center for Disease Control) study estimates that about than 4.7 million dog bites take place in the US each year. Of these, approximately 800,000 require or result in medical care. These are some staggering statistics, and yet, many Americans don’t realize that dog bite victims are eligible for compensation just the same as car accident victims.
When a dog bite accident case goes unreported, the victim waives their ability to claim any kind of monetary compensation for their pain, […]
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How Does an Insurance Company Decide Who Was at Fault for a Scranton Car Accident?
Who Determines Who is At Fault After a Car Accident?
Imagine you are pulling out of a driveway, with your view partially obscured by a snowbank. As you do, another car comes around the corner and hits you. Who’s at fault for the car accident?
The answer may not always be that easy to determine–but answering it may be crucial in deciding who is ultimately responsible for paying for medical expenses and vehicle damage. Answering the question of who is at fault for auto accidents can also change depending on who is answering it, the traffic laws applicable to the situation, or the state in which the auto accident occurs. It can get even more complicated when multiple vehicles are involved.
While police and insurance companies may weigh in with their own assessment of who is at fault in car accidents, […]
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Philadelphia Semi-Truck Accident Lawyer
Get the Justice You Deserve Following a Semi-Truck Accident in Philadelphia
If you or a loved one has been involved in a semi-truck accident in the Philadelphia area, it’s important to understand your legal rights and options. These types of accidents can be complex, and you need an experienced Philadelphia semi-truck accident lawyer on your side to help you navigate the legal process and fight for the compensation you deserve.
Trucking accidents in Philadelphia are a serious issue, with a significant number of fatalities and injuries occurring annually. If you or a loved one are truck accident victims, it is important to speak with a Philadelphia truck accident attorney to ensure your rights are protected and you are able to recover the maximum compensation you are entitled to receive.
How Dangerous Our Semi-Truck Accidents in Philadelphia?
Philadelphia is a major transportation hub, […]
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Philadelphia Commercial Truck Accident Lawyer
If You’ve Suffered An Injury After a Truck Accident, You Need an Experienced Truck Accident Lawyer On Your Side
If you or a loved one was injured by a truck driver’s negligence, you need an experienced Philadelphia truck accident lawyer at your side. For more than 60 years, the truck accident attorneys at Munley Law Personal Injury Attorneys have fought for families and individuals who have been injured in motor vehicle crashes or other accidents involving commercial vehicles.
As just one example, in 2018, Marion Munley, Caroline Munley, and Bob Munley reached an $8 million settlement in a wrongful death case involving a truck crash. Our experienced personal injury legal team has successfully resolved many personal injury cases just like this one. Together, we can work to recover money to compensate you for all the injuries you suffered in a trucking accident. […]
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