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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Who Is Not Covered by Workers’ Compensation?
Injured on the Job? A Workers’ Compensation Lawyer Can Help You Understand Your Case
When a workplace accident occurs, many employees count on workers’ compensation claims to help cover their medical expenses and/or lost wages during recovery. Though it can require a bit of a battle, compensation is a right that many workers are entitled to.
However, some workers are not eligible to file workers’ compensation claims, which could leave them to cope with an injury alone. Determining whether you are eligible to claim workers’ compensation—particularly when an employer says you are not—can be challenging and it often boils down to whether you are an employee, directly supervised and directed by your employer, or whether you are an independent contractor, working on a particular project but given free reign on how the project or task is accomplished.
If you have been injured on the job, […]
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Workers Compensation Lawyer for Sam’s Club Warehouse
Sam’s Club is a chain of warehouse stores that scores profits of $50 billion every year, boasting member-exclusive priced home and lifestyle products. However, due to the immense range of products and the speed with which the staff must work to process large order quantities, accidents amongst employees can happen. Some of these incidents could lead to life-altering injuries that require ongoing medical attention and lowered lifetime earning capacity.
The risk of injury is present for all American warehouse workers. In 2020 alone, there were 213,100 warehouse-related injuries reported in the US. The year prior, the warehouse industry saw the second-highest number of fatal workplace injuries in any industry.
If you’re one of the nation’s 100,000 Sam’s Club employees, you know that the company has faced some profiled injury settlements. As of January 2022, Sam’s Club operates 600 membership warehouse clubs in the United States. […]
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What Are My Options If I Sustain a Burn Injury at Work?
The threat of burns can be more common than you think. In 2020 alone, more than 60,00 Pennyslvanians suffered a burn-related injury at their workplace. In the same year, The Pennsylvania Department of Health reported that more than 1,500 people in the state were admitted to hospital due to injuries sustained from hot objects, corrosive substances, or flames and fire. These injuries can be life-altering and require the utmost attention and care.
Burns damage our tissue, often due to heat, chemical contact, overexposure to the sun or other radiation, or electrical interaction. Burns can be a minimal inconvenience, but sometimes they can be deadly. You may not know for a day or two how severe a burn is, as it takes this amount of time for the signs and symptoms to fully develop. The treatment of burns can vary greatly, too. Sunburns and small scalds can more likely be treated at home, […]
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Third Party Claims & Workers’ Compensation Lawyer in Philadelphia
No one wants to experience an injury at work, but the unfortunate reality is that sometimes, these things do happen. Some jobs pose a much higher risk of injury than others; for instance, logging workers, roofers, and truck drivers experience a much higher rate of injury at work than most other people. In 209, CNBC reported that truck drivers experienced fatal injuries at a rate of 26 per 100,000.
This is in stark contrast to the overall average rate of workplace injury in the US that year, which was just 3.5 per 100,000. Refuse and recyclable material collectors are statistically even more at risk, with the most common source of injury coming from transportation incidents. In the state of Pennsylvania, construction workers have historically made up nearly a quarter of all workplace fatalities.
Whether you work in one of these industries or in a different field altogether, […]
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Third Party Claims & Workers’ Compensation Lawyer in Hazleton
If you have sustained an injury or occupational disease or death while at work, you are likely exhausted and overwhelmed. And you are not alone; in fact, a report from the Bureau of Labor Statistics stated that, in 2020, “there were 2.7 million nonfatal workplace injuries and illnesses reported by private industry employers.” The good news is that you are very likely eligible to receive workers’ compensation, which can relieve some of your financial burden and cover things like medical bills and lost wages.
In addition to filing for workers’ compensation, you may also be wondering if you’re able to sue a third party who played a role in your accident or injury. If you were injured in the Hazelton, PA area, and a third party (meaning anyone outside your employer and coworkers) was involved in your case, the answer is most likely yes. Did a piece of machinery malfunction? […]
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