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 Are the Most Common Causes of TBI?
What Types of Accidents Cause a Traumatic Brain Injury?
Traumatic brain injuries often occur after a hard blow to the head, whether from falling, getting into a car crash, or being involved in an accident. These types of injuries can be life changing physically, emotionally, and financially.
If you or someone you loved has suffered from a traumatic brain injury due to someone else’s negligence, speak to a lawyer today. The traumatic brain injury lawyers at Munley Law Personal Injury Attorneys have decades of experience ensuring injury victims get the justice they deserve. Contact us today for a free consultation.
How Common Are Traumatic Brain Injuries?
A traumatic brain injury (TBI) is different from a head injury in that it can cause serious complications, even if it is mild and not life-threatening. […]
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Philadelphia Head-On Collision Lawyer
A head-on collision is one of the most destructive types of car accidents you can experience in your life time. From physical injuries to mental anguish, a car accident can be a life-altering experience. If you or a loved one has been injured in a head-on collision, or if you have lost a loved one due to injuries sustained during a head on motor vehicle crash, a Philadelphia head-on collision lawyer is here to help.
At Munley Law Personal Injury Attorneys, our Philadelphia car accident lawyers have been helping accident victims for more than 60 years. Contact us today for a free consultation.
Philadelphia is home to some of our state’s most famous and popular landmarks and destinations. A busy hub for industry, home to one of America’s oldest shipping centers, The Port of Philadelphia, which is the heart for some of the east coast’s busiest maritime commerce. […]
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What Happens If I Am At Fault for A Car Accident?
What Options Are Available for At-Fault Car Crash Drivers?
Being involved in an accident can be a terribly stressful situation. Many of us consider ourselves safe drivers, but sometimes accidents happen. If you are at fault completely or partially for a car crash, you may wonder what legal options you have.
If you were found at fault for car accident, there are certain steps you should take to protect your claim. There may be a possibility that someone else may be more at fault for the accident, but an investigation will be needed. A car accident lawyer at Munley Law Personal Injury Attorneys can help.
How Can I Prove Who is At Fault After a Car Accident?
Getting into an auto accident is a stressful time. Chances are you may not even remember what happened prior to the accident. […]
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Philadelphia Drunk Driving Accident Lawyer
A Philadelphia Drunk Driving Accident Attorney Will Fight for the Injured
When someone chooses to drink and drive, they risk the lives of everyone around them. If you have been injured in a car accident with a drunk driver, the law is on your side. If you or a loved one has been injured in a Philadelphia drunk driving accident, it’s important to seek legal advice to ensure you receive fair compensation for your losses.
At Munley Law Personal Injury Attorneys, our experienced legal team is committed to providing you with the dedicated legal representation and compassionate guidance you need during this difficult time. With decades of combined experience and a thorough understanding of Pennsylvania drunk driving laws, our Philadelphia drunk driving accident lawyers have the resources and knowledge to fight for your rights and get you the best possible outcome. Contact the Philadelphia car accident lawyers at Munley Law Personal Injury Attorneys today for a free consultation. […]
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Scranton 18 Wheeler Accident Lawyer
Our Scranton 18 Wheeler Accident Lawyer is Ready to Fight For You
Since 1959, the mission of our Scranton 18 wheeler accident lawyers has been to stand up for the rights of people injured in devastating accidents caused by someone else’s negligence. Our home is in Scranton, and we know Northeast PA. We are a well-established truck accident law firm, and our Scranton truck accident lawyer will treat you as part of our family. We will work as a team to get you the best possible settlement. We are skilled at winning truck accident claims with large trucking companies, transportation, and insurance companies.
When you contact Munley Law Personal Injury Attorneys, our Scranton 18-wheeler accident lawyer will evaluate your situation to determine if you have a case. If you choose Munley Law Personal Injury Attorneys to represent you, we take your case on a contingency basis and tirelessly work toward getting you the best possible settlement. […]
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