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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Multiple couples sue CHA Fertility Center over embryo mix-up
This week, two couple filed separate lawsuits against the same fertility clinic in California after a devastating mix-up. One mother gave birth to children who turned out not to be her own, and another would find out that her son had been born to someone else.
Here’s what happened…
A New York couple had been trying for more than six years to have children of their own. They underwent multiple cycles of in vitro fertilization (IVF), a costly process by which embryos are created using the mother’s egg and father’s sperm, stored and preserved, and then are implanted in the womb, with the hope of a successful pregnancy. After multiple failed cycles, the couple was informed that they finally succeeded, and were expecting twin girls (the embryos they created had been female). The first signs of trouble came when ultrasounds showed two male babies, […]
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J&J ordered to pay $4.69 billion to cancer victims in talcum powder lawsuit
Johnson & Johnson ordered to pay $4.69 billion in talcum powder lawsuit
A St. Louis jury returned a $4.69B verdict in favor of 22 women who claimed Johnson and Johnson’s products contained asbestos which caused them to develop cancer.
The verdict is the latest in a series of massive wins for women and their families who have filed cancer-related lawsuits against Johnson and Johnson. In August, 2017, a Los Angeles jury awarded a $417 million verdict in favor of a woman who claimed that Johnson and Johnson’s baby powder caused her to develop ovarian cancer, and in February 2016, a Missouri jury awarded $72 million to the family of a woman died of ovarian cancer after decades of using J&J’s baby powder.
In its natural form, talc (a common ingredient in cosmetic and personal care products, including the popular J&J baby powder) can contain asbestos fibers. […]
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Hazleton Pedestrian Accident Lawyer
You were walking or jogging in Hazleton and, in an instant, everything changed. Something happened and all of a sudden you were on the ground in pain, wondering how you would be able to provide for your family.
You were injured in a pedestrian accident that wasn’t your fault.
Now it is up to you to try to put the pieces back together.
Pedestrian accidents are an all-too-common occurrence. From driver negligence to poor crosswalk engineering, there are numerous factors that can create circumstances in which pedestrians are helpless to avoid being injured. While pedestrian accidents can – and generally should – be avoided with safe driving, they continue to occur on a routine basis. Those who are at fault deserve to be held legally and financially accountable.
At Munley Law Personal Injury Attorneys, […]
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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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