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
New Hampshire Woman Sues Hospital & Doctors for $5 Million
A woman formerly from New Hampshire is suing two doctors and St. Joseph’s Hospital in Nashua for $5 million alleging they failed to diagnose and treat her bacterial meningitis which left her permanently disabled, reports The Telegraph.
On January 10, 2008, the woman went to the emergency room after suffering for three days with vomiting, headache and fever. She was treated for an ear infection and sent home. With worsening symptoms, she returned to the hospital two days later. The second time she also had hearing loss, altered mental state, and difficulties walking. Her lawsuit states even though a CT scan and other tests suggested something serious was wrong, the doctor diagnosed her with stress and a sinus infection and sent her home.
She returned to the hospital two more times before she was given a spinal tap which showed she was suffering from two life-threatening conditions. […]
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$20 Million Personal Injury Settlement Sets Records
Freak accident leaves girl permanently injured, distribution company at fault
In what court officials say is the largest settlement in Outagamie County, WI court history, The Post Crescent reports the family of a 4½ year old girl will receive a $20 million settlement.
It was a minor crash, a freak accident, but it caused severe and permanent injuries to the little girl. In October 2008, a truck driven by a New London well-drilling company ran a red light and crashed into the van in which the little girl was riding. When the driver used the brakes before hitting the van, several pipes fell from the pipe rack and one smashed through a window in the van, striking the girl in the head.
She is now suffering from blindness, traumatic epilepsy and is functioning on the level of a two-year-old. She will need 24-hour care the rest of her life. […]
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Family of City Worker Killed In Mower Accident Settles Lawsuit
A confidential last-minute settlement has been reached in the lawsuit brought by the family of a city Parks Department employee who was killed in 2003 by a runaway lawnmower, reports the Telegram & Gazette of Worcester, Mass.
Industrial and agricultural accidents can occur for a variety of reasons. One of the leading causes, however, is a manufacturing or design defect that makes heavy machinery dangerous to users. You should be able to trust that the product you are using is safe and that you have been given proper warning of any risks the product poses. At Munley Law we understand the complexity of product liability laws and the challenge of proving a case, and we can help you get the compensation you deserve.
The 54-year-old man died from injuries he sustained when he was run over by a 6,000 lb. large capacity mower as it rolled down a hill. […]
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Neurosurgeon Awarded $3 Million for Injury at Medical Center
The Scranton Times Tribune reports a neurosurgeon who suffered a broken leg when he was hit by a hospital bed being pushed down the hall, has been awarded $3.25 million in his personal injury lawsuit against Community Medical Center.
When you are hurt because of someone else’s actions, negligence or reckless behavior, you have suffered a personal injury. And when a personal injury takes place, the responsible person or company that caused the injury should be held accountable. At Munley Law, we understand the complexity of Pennsylvania’s personal injury laws and the challenge of proving negligence, and we can help you get the compensation you deserve.
In February 2005, the doctor was in the operating room reviewing a patient’s chart when he was struck by the bed. The physician is a diabetic and the trauma he suffered from the broken leg led to an infection, and as a result, […]
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$821,000 Awarded To Family of Elderly Woman Who Wandered From Care Facility
Nursing home found negligent for elderly woman’s death
The family of a 74-year-old woman with dementia who died after wandering from an assisted care living facility in 2007 has been awarded $821,000, reports OregonLive.com.
1.5 million Americans live in nursing homes throughout the country. Of these, it is estimated that as many as 35,000 die prematurely every year due to negligence, abuse or neglect. The breach of the standard care when directed against our elderly parents by paid givers should be punished severely. If your elderly loved one has been injured or died while in the care of a nursing home or other healthcare facility, contact our attorneys at Munley Law Personal Injury Attorneys today.
The woman’s skeleton was found in May by a young boy who was searching through blackberry bushes for his lost cat. Her fully clothed remains were found only one quarter-mile from the care facility. […]
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