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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Failure to Yield Car Accidents in Scranton
What to Do After Failure To Lead Accidents
Car accidents are more likely to happen when drivers do not slow down enough or yield the right of way. They happen most often at intersections while merging two lanes together. Motor vehicle accidents can also occur during heavy traffic. The failure-to-yield accident typically occurs because people fail to pay attention, sometimes because of anger or frustration when they are stuck in traffic.
If you or a loved one were injured in a failure-to-yield car accident, it is important to choose a lawyer you can trust. The lawyers at Munley Law Personal Injury Attorneys have been named to the Best Lawyers in America, Pennsylvania Super Lawyers, and other notable lists.
For over 60 years, the Scranton car accident lawyers at Munley Law Personal Injury Attorneys have been helping injured victims fight insurance companies. We know that fighting alone is an uphill battle. […]
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Can I Sue Workers’ Comp for Pain and Suffering?
Exploring Pain and Suffering Workers Comp Claims
After a job injury, there can be damages beyond the physical. If you’re wondering “Can I Sue Workers’ Comp for Pain and Suffering?,” the short answer to this important question is no. The Pennsylvania Workers’ Compensation Act does not allow employees to collect damages for pain and suffering after a workplace accident. According to the law, workers may only collect workers’ comp benefits for medical expenses and lost wages.
However, even though an employee cannot recover pain and suffering damages through workers’ compensation, there are still legal options they should explore. There are certain situations where a worker can file a third-party claim against another party or parties who were responsible for your work-related injury. For example, if you are a construction worker and suffer a work injury due to the negligence of the general contractor, […]
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Can I Lose My Job While on Workers’ Compensation in Pennsylvania?
A Lawyer Can Help Navigate Workers Comp Process
If you’ve been injured on the job, you may be stressed and wondering “Can I lose my job while on workers compensation in Pennsylvania?” The Pennsylvania workers’ compensation program can seem confusing and intimidating to an employee, especially if you’re trying to navigate it on top of dealing with a workplace injury. We will break down exactly what workers’ compensation is, how you can access it, and what to do if you’re facing termination in the process of your claim.
Aside from seeking medical attention for your work injury, the most important thing you can do to protect yourself is hire an experienced Munley Law Personal Injury Attorneys workers’ compensation attorney to help protect your rights. Munley workers’ comp lawyers offer a free consultation to prospective clients where they will answer any question you have regarding your claim. […]
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What a Philadelphia Truck Accident Lawyer Can Do For You
Truck Accident Cases Can Be Severe & Complex. We Can Help.
Truck Accident Cases Can Be Severe & Complex. We Can Help.Standing fourteen feet tall, boasting an impressive seventy feet of length, and weighing in at an astounding 80,000 pounds, semi-trucks are truly a sight to behold. You can probably still remember being a young child and marveling at these metal monsters as they rumbled down the highway.
However, for the victim of a truck accident, these behemoth vehicles represent a lot more. If you or a loved one have been injured in an accident with a truck, it’s important you have an experienced truck accident lawyer by your side. At Munley Law Personal Injury Attorneys, our Philadelphia truck accident lawyers are the top truck accident lawyers in the country. We have decades of experience ensuring truck accident victims get the justice they deserve.
Truck accidents can be complicated cases – […]
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Scranton Aggressive Driving Accident Lawyer
Drivers are people, and people, for better or worse, are subject to emotion. Every person who has been behind the wheel has most likely experienced some form of frustration or road rage and has maybe even laid on the horn once or twice. But understandable annoyance can turn into truly dangerous aggression, and it’s more common than you may realize.
At Munley Law Personal Injury Attorneys, our experienced Scranton car accident lawyers are here to support all victims of aggressive driving car accidents, and hope the following information can be of use in a traumatic time. If you have been injured in a road rage accident, a Scranton aggressive driving accident lawyer at Munley Law Personal Injury Attorneys can help.
What Are the Dangers of Aggressive Driving?
A study conducted by AAA in 2019 showed that close to 80 percent of drivers reported expressing significant levels of frustration while behind the wheel in the previous 30 days. […]
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