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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Use Your Head: Kids and Sports Concussions
School is in session, fall is on its way, and football season is upon us. Tonight is the first game of the NFL’s 96th season. It’s an exciting time of year.
If you have a child enrolled in youth sports programs, this is also a good time to educate yourself on the very real possibility of a sports-related head injury. We’ve been hearing of increasing evidence linking football to long-term brain damage, and there’s even a new movie coming out starring Will Smith as the doctor who first made that alarming connection. But, the truth is that concussions can occur in all youth sports. We’re here to dispel some myths and share some practical knowledge on the subject so you can help keep your athlete safe.
What Are the Truths?
First, let’s address some common misconceptions. Think that only professional athletes who spend years playing contact sports are susceptible to sports-related brain damage? […]
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It’s Parks and Recreation Month! Follow These Tips to Avoid a Park Injury
July is National Parks and Recreation Month, according to the National Recreation and Park Association.
Parks can be wonderful for both physical and mental well-being. In addition to providing space for recreation and exercise, spending time outside in nature is good for one’s psychological health, according to a study recently published in the New York Times. But, parks and playgrounds can also be the scenes of serious falls or injuries. Take a look at these safety tips and reminders to help make sure that your next trip to the park goes smoothly.
Falls
Every year more than 200,000 injuries occur on playgrounds or in parks, and falls are the most common type of playground or park injury. Playground falls can result in sprains, broken bones, or traumatic head injuries like a concussion. Proper supervision can help reduce the risk for falls. […]
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Dog bite prevention: What everyone should know
A dog bite can turn a trip to the park into a trip to the emergency room. It can leave both physical and psychological scars.
As the weather warms up, people spend more time outdoors, especially with their pets. That means that dogs and people, particularly young children, come into contact with each other more frequently. What many people don’t think about is the possibility of a dog bite situation.
In fact, over 4 million dog bites occur each year. And while it might not sound like a serious concern, dog bites or dog attacks can be traumatizing and can result in extremely serious injuries or disfigurement. Children are more likely to be bitten by a dog than any other age group.
Fortunately, there are some ways that dog owners, parents, and everyone else can help prevent a dog bite from happening. […]
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Concussion Lawsuit Against NHL Gains Momentum
We’ve already heard a lot about the lawsuit against the NFL filed by thousands of former players and their families who have suffered due to football-related head injuries. A growing body of evidence links traumatic brain injuries (such as those sustained by athletes) to serious long-term effects, drug use, depression, and suicide.
It should come as no surprise that a similar class-action lawsuit against the National Hockey League is gaining momentum. In recent weeks, the number of former players involved in the suit has nearly doubled. Earlier this week, Steve Montador, an NHL retiree with a history of concussions was found dead at the age of 35. It was a concussion that ended Montador’s career in 2012, and he admitted to struggling with depression the following year.
There are several blogs and papers online that explain what many people do not realize about head injuries. […]
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Carbon monoxide is the #1 cause of accidental poisoning
New PA law requires landlords to install carbon monoxide alarms in all units
You would not move into a house or apartment that did not have a smoke detector – but what about a carbon monoxide detector? Unlike smoke, carbon monoxide is odorless, colorless, and often goes undetected until it is too late.
A new law in Pennsylvania, the Carbon Monoxide Alarm Standards Act, requires landlords to have carbon monoxide alarms installed in all of their units by June, 2015. Pennsylvania is reportedly among the states with the most accidental carbon monoxide poisonings in the country. Whether law requires it or not, it is best practice for all homeowners and renters to have carbon monoxide detectors installed. They are generally inexpensive and it is the only means of detecting an otherwise undetectable substance that could cause serious harm or death. […]
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