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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ATV Accident Lawyer
Injured in an Off-Road Vehicle Accident? We Can Help.
Recreational vehicles are popular ways for people to enjoy the outdoors, but a fun ATV ride can turn into a life-changing accident. If you or someone you love has been injured in a recreational vehicle accident, an ATV accident lawyer can help you recover from your injuries.
All-terrain vehicles, or ATVs, are often used for recreation, but also provide transportation for farmers, ranchers, hunters, outdoor enthusiasts, and emergency personnel who need to get to places unreachable by car. They can be especially dangerous for children to ride.
According to the U.S. Consumer Product Safety Commission, Pennsylvania has the second highest fatality rates from ATV accidents.
Those who have suffered injuries in ATV accidents should not delay in reaching out to an injury lawyer today. You only have a limited time to build a case and receive compensation to recover from your injuries. […]
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How Much Time Do I Have To Sue After A Slip And Fall Accident?
Statute of Limitations for Slip and Fall Accidents
The statute of limitations varies by state. For example, in Pennsylvania, slip and fall accidents fall under the broad category of “personal injury,” giving you two years from the date of when your injuries first occurred to file suit. When you suffer injuries from slip and falls, trip and falls, and other similar accidents, 42 Pa.C.S. § 5524(2) states that you have two years from the date of your accident to initiate a lawsuit and seek compensation.
Slip and fall accidents caused by negligence or the failure of property owners to maintain safe and hazard-free premises can cause severe injury and even death. According to the New York Times, the winter months are worse for people of all ages, as ice, snow, and slippery trip hazards make slip and fall accidents more prevalent. […]
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Does Workers’ Compensation Cover Pre-Existing Conditions?
Does Workers’ Compensation Cover Pre-Existing Conditions?
In general, if you have a pre-existing condition, workers’ compensation will not cover those ailments. However, in some cases where a workplace injury aggravates a pre-existing condition, an employee may be able to receive workers’ compensation benefits. These claims can often be met with resistance.
If you’re wondering, “Does Workers’ Compensation Cover Pre-Existing Conditions?” we can help. Learn more about what you need to know about pre-existing conditions and workers’ compensation benefits.
Pre-Existing Conditions and Workplace Injuries
If you are injured in a workplace accident and have a pre-existing condition, you must make note of that condition at the time of your workers’ compensation claim. While the pre-existing condition will not give you more money in a pay out, it helps protect you from being denied compensation should the employer later find out. […]
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Child Brain Injury Lawyer
Traumatic Brain Injury in Children & Infants
Every parent and caretaker’s primary goal is to keep their children safe, happy, and healthy. But unfortunately, sometimes unforeseen events and accidents can’t be avoided, even when all proper precautions have been taken.
An injury in a child is devastating and stressful for both the child and their entire family, particularly when that injury involves the brain. In fact, a study published by the National Center for Biotechnology Information cited traumatic brain injury as “the leading cause of death and disability in children”.
If your child or a child in your life has experienced a brain injury, first and foremost, we are deeply sorry for your suffering. Please know that you are not alone — you have the right to recover both justice and financial compensation for your trauma. At Munley Law Personal Injury Attorneys, […]
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When Should a Philadelphia Personal Injury Lawyer Be Used?
Injured Due to Negligence? A Philadelphia Personal Injury Lawyer Can Help
A personal injury lawyer should be used anytime there is an injury, either physical or emotional, resulting from possible negligence. If you’re asking “when should a Philadelphia personal injury lawyer be used?” the answer could be many different scenarios. This might look like a lot of different situations ranging from a car or truck accident to slipping and falling on a construction site.
Many different types of accidents might necessitate the use of a Philadelphia personal injury lawyer. Think bus (SEPTA) accidents, slip and fall accidents, car accidents resulting in injuries, and construction site dangers that resulted in harm to you or one of your loved ones.
At Munley Law Personal Injury Attorneys, we work on a contingent basis. We only get paid if we win your case. […]
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