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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What Happens When a Trucking Company Violates FMCSA Rules?
What is the FMCSA?
You probably have never heard about the Federal Motor Carrier Safety Administration, known as the FMCSA. The FMCSA is a federal agency responsible for overseeing commercial motor vehicles, generally large trucks and buses, in the United States. It is charged with reducing crashes, as well as injuries and fatalities, caused by accidents involving commercial vehicles.
Even with an agency responsible for overseeing the industry, there are, of course, accidents involving commercial trucks and buses. And some of those accidents are caused by those who fail to–or choose not to–follow FMCSA regulations. Below, our truck accident lawyers explain briefly what happens when a trucking company violates federal motor carrier safety rules.
What are FMCSA Rules? Where Do they Come From?
The FMCSA is a federal agency housed within the Department of Transportation. […]
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Burn Injury Attorneys
Have you or a loved one suffered serious burn injuries?
Burn injuries are painful and can leave long-lasting physical and psychological scars. Whether it is a chemical burn from an unsafe product, a burn caused by a hazard on poorly kept property, a gas explosion, or an accidental burn at a bonfire or gathering, you may need an experienced burn injury lawyer to make sure you are compensated for your medical costs and suffering.
If you or a loved one have suffered serious burns as a result of negligence, contact Munley Law Personal Injury Attorneys today to speak with one of our experienced burn injury lawyers or call us at (855) 866-5529.
Burn Injury Facts and Figures
Burn injuries are, unfortunately, an all too common occurrence across the nation.
According to the American Burn Association, […]
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Negligent Security Lawyer
It’s a fear most of us have — become a victim of a crime and getting injured as a result. But what if your injury could have been prevented if proper security measures in place? You would probably feel angry and upset. No one deserves to be injured because of negligence. It’s time to take action with a negligent security lawyer.
When people visit a place of business or lodging, you have the right to expect a reasonable amount of safety. In fact, property owners have a duty to secure their premises and protect lawful visitors and patrons from foreseeable harm.
Most premises liability cases involve “accidents,” or unintended consequences of careless property owners. But what happens if you are the victim of an intentional act – a violent crime on someone’s property or at a place of business? […]
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Types of Injuries Suffered in a Trucking Accident
How Serious Is a Truck Accident?
Commercial trucks are at a higher risk of causing or being involved in serious accidents, particularly because of their overwhelming size on the road, their weight, and due to truck drivers managing their vehicles on the road. If you’ve suffered an injury in a truck accident to someone else’s carelessness or negligence, injuries are often serious, require an extensive recovery process, and bring about expensive medical costs. Truck crashes often create car-on-car wrecks, and many fatal crashes, as well. You or your loved one may be entitled to financial compensation for the damages you sustained; however, it is in your best interest to hire a truck accident lawyer to fight the insurance company on your behalf.
At Munley Law Personal Injury Attorneys, we have a team of truck accident lawyers with decades of experience with accidents involving large trucks. […]
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What If I am Partly to Blame for the Truck Accident?
Can I Still Receive Compensation if I’m Partially At Fault for a Truck Crash?
If you’ve been involved in a truck accident in Pennsylvania, you may be wondering what your legal options are. One important question that may be on your mind is whether you can still pursue a personal injury claim if you are partly to blame for the accident.
The answer is yes, you can still pursue a claim even if you are found to be partly at fault for the accident. If you have been involved in a truck accident in Pennsylvania and you are partly to blame, it does not mean you cannot pursue a claim. But it is important to speak with an experienced truck accident lawyer at Munley Law to learn what your options are and what compensation you could receive.
