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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Commercial Vehicle Accident Lawyer
Have you or a loved one been injured in a commercial vehicle accident? The truck accident lawyers at Munley Law Personal Injury Attorneys are here to help.
Being involved in any type of accident can be catastrophic to the victim and their family. However, when a commercial vehicle crash leaves you injured and unable to work, resulting in piling medical bills, you need a law firm that can help you recoup your losses and hold the at-fault party accountable.
At Munley Law Personal Injury Attorneys, our personal injury lawyers work with you to recover lost wages, medical bills, property damage, and more. To set up a consultation with our legal team, contact the commercial vehicle accident lawyers at Munley Law Personal Injury Attorneys by calling 855-866-5529 or connecting with us online.
What Is a Commercial Vehicle Accident? […]
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How to Prove Your Truck Crash Case at Trial
Do you know what it takes to prove your truck crash case?
The nation’s #1 tractor-trailer accident lawyers explain how to win your semi-truck collision claim at trial
If there’s one thing we know at Munley Law Personal Injury Attorneys, it’s how to win a truck crash case at trial. When it comes to personal injury law, only a small percentage of attorneys have the experience, resources, and qualifications to handle a truck accident case. Of those attorneys, only an elite few have the courtroom experience to win your truck case at trial. At Munley Law Personal Injury Attorneys, we know how to prove liability and damages in order to get you the compensation you are rightfully owed.
Call today for a free, confidential consultation with one of the nation’s leading truck accident lawyers.
Why bring a truck accident lawsuit to trial
According to the most recent Federal Motor Carrier Safety Administration report, […]
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How Do Truck Drivers Get Paid?
Truck Accident Attorneys at Munley Law Personal Injury Attorneys explain truck driver pay and job-related hazards
Truck drivers are essential to our economy and should be compensated as such. While truck driving can be a good way to make a living, it is not without risks. Many trucking and transportation companies prioritize safety and the well-being of their workers; however, some companies push their drivers to physical and financial limits, which can have disastrous effects on driver safety. As truck accident attorneys, we represent many truck drivers who have been hurt on the job. A truck accident attorney knows how trucking company practices and safety violations can put truckers at risk. In this article, our truck accident lawyers will outline the various ways truck driver pay is determined, and highlight important links between driver pay and highway safety.
What is the average truck driver’s salary? […]
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Carbon Monoxide Poisoning Lawyer
Carbon monoxide poisoning victims deserve justice. They deserve Munley Law Personal Injury Attorneys
Known as “the silent killer,” carbon monoxide poisoning sends approximately 50,000 people to the ER every year. It can result in serious injuries that could take injury victims years to recover from. If you are exposed to carbon monoxide that was caused by the negligence of a property or business owner in Allentown, you do have the right to file a premises liability lawsuit for their actions.
The carbon monoxide poisoning lawyers at Munley Law Personal Injury Attorneys have been helping injury victims throughout Pennsylvania recover the compensation they need to pay for any expenses related to carbon monoxide poisoning. We understand how complex these cases can be and are ready to fight for your rights. With over 60 years of experience in personal injury claims, our carbon monoxide attorneys will represent your interests at the negotiating table as well as in the courtroom. […]
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Can I Sue Someone Personally After a Truck Accident?
After you’ve been in a trucking accident, you may be faced with medical debt, property damage, ongoing pain and suffering, and even possible funeral expenses. One way to recoup your expenses is through a truck accident lawsuit. Many people wonder: is it possible to sue someone personally after a truck accident?
The truck accident lawyers at Munley Law Personal Injury Attorneys can answer this question, and help you determine the best way to get the compensation you need to rebuild your life. Contact us today for a free consultation with one of the nation’s top truck accident attorneys.
Because of the immense weight and size of tractor trailers and other large trucks, truck accidents often result in serious injuries and damages. This is especially true if the accident involves a crash between a large truck and a much smaller passenger vehicle. […]
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