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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Munley Law Personal Injury Attorneys Ranked Among 2013 ‘Best Law Firms’ by U.S. News Media Group and Best Lawyers®
The Pennsylvania law firm of Munley Law Personal Injury Attorneys, has received a Metropolitan Tier 1 ranking in the practice area of Personal Injury Litigation – Plaintiffs (Allentown) in the newly released 2013 “Best Law Firms” rankings from U.S. News Media Group and Best Lawyers.®
The firm has also received a Tier 2 ranking in the area of Workers’ Compensation Law – Claimants (Allentown) in the third edition of the rankings, which can be found online at http://bestlawfirms.usnews.com.
The U.S. News – Best Lawyers® “Best Law Firms” rankings are based on a rigorous evaluation process that includes the collection of client and lawyer evaluations, peer review from leading attorneys in their field and review of additional information provided by law firms as part of the formal submission process.
In addition to the firm’s practice area rankings, four lawyers from Munley Law Personal Injury Attorneys, […]
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New Jersey Bus Driver Arrested after Causing Death of Passenger
The driver of a New Jersey Transit bus has been charged with vehicular homicide in the death of a passenger at an intersection in Passaic last month. The collision occurred after the man exited the bus and tried to cross in front of it as the driver accelerated through the intersection, according to a news report. Documents filed in the case allege that the bus driver ran a red light, hit the passenger and refused to stop despite that fact that passengers were yelling for her to stop. The driver has been a New Jersey Transit driver for 25 years.
Bus Accidents Are Common
Bus accidents are far more common than most people realize. According to the Federal Motor Carrier Safety Administration, there were more than 11,000 bus accidents across the country in 2008, injuring about 24,000 people. For those who depend on buses for transportation, […]
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Take the Time During National Fire Prevention Week to Protect Your Family Against Fires
Residents of Pennsylvania are urged to take the time this week to participate in National Fire Prevention Week. Fire Prevention Week, celebrated Oct. 7-13, has been set aside through a Presidential Proclamation as a time “to protect ourselves, our families, and our communities from fires, and we honor the courageous first responders who put their lives at risk to keep us safe.”
According to the National Safety Council, in 2010, there were 3,100 unintentional deaths related to fire, smoke and flames. Many of these fires resulted in death, serious injuries and destroyed homes.
The National Safety Council offers the following steps for families to take to prevent fires:
- Have properly working smoke alarms
- Test smoke alarms and carbon monoxide detectors monthly and change the batteries at least once a year
- Place smoke alarms on each floor of your home and in each bedroom
- Plan a family escape route and practice it once a month
- Install a home sprinkler system
- Place fire extinguishers throughout your home and make sure everyone in the house knows how to use them
One key theme of the week is to “Have 2 Ways Out!” According to Firehouse.org, […]
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2011 Pennsylvania Crash Statistics Reveal Pennsylvania Highways are Getting Safer
The 2011 Pennsylvania Crash Facts and Statistics booklet, published by the Bureau of Maintenance and Operations, Pennsylvania Department of Transportation, is now available. The report is a statistical review of motor vehicle crashes in Pennsylvania for the calendar year 2011.
According to PENNDOT, Pennsylvania roadways are getting safer. In fact, the 2011 fatality rate of 1.27 deaths per hundred million vehicle-miles of travel was the second lowest ever recorded in Pennsylvania since the department started keeping records of this in 1935. In addition, the 1,286 accident fatalities in 2011 were the second lowest recorded over the last 68 years.
Following are some of the key findings from the report:
- The total number of reported crashes in 2011 increased 3.4% compared to 2010, but the number of deaths decreased by 2.9%.
- In 2011, there were 125,395 reportable traffic crashes in Pennsylvania. […]
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New York Man Killed By Runaway Pickup Truck While Eating His Lunch Outside in Financial District
In what can only be called a freak accident, a 70-year-old clerk for the State Attorney’s Office was fatally injured last week when he was struck by a runaway truck as he ate his lunch outside a building on Broad Street in the Financial District of New York City. Witnesses said the 2008 Honda pickup accelerated out of nowhere onto the sidewalk and pinned the victim against the building. Although bystanders tried to administer CPR, he was pronounced dead at the scene.
According to news reports, the truck was driven by an employee of a security company that works in the area. Trucks are often used to keep vehicular traffic out of the pedestrian-only financial district. No charges were filed against the 50- year-old driver of the truck, who is a retired police lieutenant.
The fatal accident was a tragedy. The victim’s 29-year-old daughter said he was “a great father, […]
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