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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Scranton Intersection Car Accident Lawyer
Intersection Car Accidents in Scranton
Intersections are inherently one of the most dangerous points on the road. In fact, the US Department of Transportation Federal Highway Administration reports that more than half of the nation’s combined total of fatal and injury car accidents occurs at or near intersections. While there is a national effort to reduce this number, through projects such as increasing the number of roundabouts or continuous flow intersections, there’s no denying that an intersection is prime territory for a traffic accident.
Many intersection accidents are caused by a driver either disobeying a traffic light, such as running a red or trying to make it through the end of a yellow or failing to yield the right of way. In some cases, these behaviors can even be accidental, but that does not limit their danger.
If you or a loved one has been injured in an intersection car accident, […]
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Pittsburgh Bikeshare Accident Lawyer
Seeking Justice after a Pittsburgh Bike Share Accident
Biking is a wonderful means of transportation for many reasons, including the environmental impact, the exercise, and the affordability, whether for commuting or simply for pleasure. But like all means of getting around, especially in a busy city such as Pittsburgh, there are inherent risks and dangers. And sometimes, bicycle accidents happen.
With bike sharing specifically, some additional risks come into play. Bike share programs, like Pittburgh’s HealthyRide, may mean that people who are not regular or experienced cyclists are now biking on busy city streets. This is also a popular means of getting around the city for visitors and tourists, which means that people who lack familiarity with their surroundings are biking in high-traffic areas. This can be extremely dangerous.
If you have been injured in a bike accident, or specifically a bikesharing accident, […]
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Is It Worth Getting a Lawyer for a Car Accident in Philadelphia?
Determining When To Speak to a Car Accident Lawyer
Car accident cases can be complicated. From dealing with the insurance companies to determining fault, most car accident victims don’t know where to begin. Car accidents in Philadelphia also have certain dates to meet under Pennsylvania law. If you want to file a car accident claim, you should not delay.
While not all car accidents require the aid of a Philadelphia car accident lawyer, in many car accidents, it is worth seeking legal advice.
Learn more about the situations in which a car accident may require an experienced car accident lawyer.
Questions For Philadelphia Car Accident Lawyers
It is normal after an auto accident to have multiple questions. For starters, what do I do now? Following a car accident, […]
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Can Both Parties be At Fault in a Car Accident?
Understanding Shared Fault in Car Accident Cases
When car accidents occur, each driver may be looking to place fault on the other. However, the reality is that both parties can be at fault in a car accident. Depending on the state you live in ultimately determines how your shared level of fault will alter the amount of compensation you can recover from the other driver in a car crash.
If you’re asking yourself “Can both parties be at fault in a car accident?” an experienced car accident attorney can help. These car accident cases can be complicated — from determining the percentage of fault across all the parties involved, to dealing with the other party’s insurance company, as well as medical bills, insurance adjusters, a police report, and more.
If you and another driver share fault in a car crash, […]
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Can You Sue Someone for a Minor Car Accident?
What to Do If You’re In a Minor Car Accident
Maybe it’s a small fender-bender in the grocery store parking lot. Or perhaps a driver misjudged the lane shift and tapped into your car. Sometimes these minor car accidents happen, resulting in minimal damage to your vehicle. While it may just be an inconvenience without injury, you may wonder, can you sue someone for a minor car accident?
The answer is yes — anytime you are involved in a car accident, you have a right to file a claim with your insurance or file a lawsuit against the other driver to recover compensation. The real question is, will your case be successful for a minor car accident?
Every accident can involve both non economic damages and economic damages. So, in some cases, […]
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