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
More information about Negligence
How Much is Pain and Suffering Worth in a Slip and Fall Accident?
Understanding Pain and Suffering After a Slip or Fall Accident
How Much is Pain and Suffering Worth in a Slip and Fall Accident? Slip and fall accidents can happen to anyone, at any time – from a friend’s front stairs, to your local grocery store, and your place of work – hazardous environments are all around and can cause serious harm to victims. Adults, 65 and older, are particularly vulnerable to slips and falls. In fact, over 3 million older adults are treated in hospital emergency rooms every year for slip and fall accidents.
If you or your loved one were a victim of a slip and fall accident, you may be entitled to compensation not only for immediate medical expenses, but for pain and suffering as well. Pain and suffering describes both the physical and emotional injuries a victim suffers following a slip and fall accident. […]
More information about Negligence
Should I Get a Lawyer for a Slip and Fall?
A Slip and Fall Accident Attorney Can Help
A slip and fall accident occurs when one party is injured when slipping or tripping and falling, usually on another person’s property, due to some sort of hazardous condition. This “hazardous condition” could be any number of things, such as a wet or slippery floor, a faulty handrail, or loose carpeting.
Many people may not realize just how serious the injuries caused by a slip and fall accident can be, for anyone, but particularly people over 65. In fact, 75% of slip and fall accident deaths occur in this age group, and 66% of all injury cases in people over 65 are the result of a fall.
If you have been injured in a slip and fall accident, you may well be entitled to compensation. But simply determining whether you have a case, let alone navigating the legal and insurance systems as you fight for compensation, […]
Read MoreMore information about Negligence
Are Slip and Fall Cases Hard to Win in Philadelphia?
Slip and Fall Injuries are Serious and Costly
A slip and fall, or trip and fall, accident is essentially what the name suggests: it’s an accident where a person slips or trips and falls on another individual or business’s property, leading to some degree of injury.
To many adults, the idea of slipping and falling may not seem like much to be concerned about. But in reality, a simple slip and fall incident can cause a great deal of damage, pain, and suffering. The CDC reports that 1 in 5 fall cases results in a serious injury, such as a broken bone or concussion. Moreover, approximately 800,000 people are hospitalized each year for injuries related to falling.
Beyond the physical injuries caused by a fall, the monetary burden can be immense. The CDC reported that in 2015, […]
Read MoreMore information about Negligence
Can You Sue for a Slip and Fall Accident?
Slip & Fall Accidents are More Common Than You Think
A slip and fall accident is, essentially, exactly what the name implies: one party is injured when slipping or tripping and falling, usually on another person’s property, due to some sort of hazardous condition. This hazardous condition could be anything from a faulty handrail to uneven pavement to a slippery surface.
For someone young and healthy, a fall might not sound like much to worry about, but the reality is that the ensuing injuries are often more serious than meets the eye. It’s also a far more common occurrence than you may realize; in fact, more than half a million slip and fall accidents requiring medical care occur in North America each year.
So what can you do if you are injured in a slip and fall accident? Many people may not realize that pursuing legal action is absolutely a possibility. […]
Read MoreMore information about Negligence
Do Most Slip and Fall Cases Settle Out of Court?
Settling a Slip and Fall Accident Case
Do most slip and fall cases settle out of court? A slip and fall accident occurs when one party is injured when slipping or tripping and falling, usually on another person’s property, due to some sort of hazardous condition. This “hazardous condition” could be any number of things, such as a wet or slippery floor, a faulty handrail, or loose carpeting. While a fall may not sound like something serious, the reality is that it can cost much more extensive damage than one might expect. An accident of this type is particularly dangerous for people over the age of 65, who are both more prone to falling and more prone to experiencing severe injury as a result.
If you or a loved one has experienced a slip and fall accident, you may be wondering what your next steps are. […]
Read More
