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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Does Workers’ Compensation Cover Seasonal Workers?
Does Workers’ Compensation Cover Seasonal Workers?
Businesses supplement their staff in peak seasons like summertime and winter holidays by hiring seasonal employees. As the workforce grows, coverage requirements evolve, including workers’ comp seasonal employees’ demands.
The Pennsylvania Minimum Wage Act doesn’t give a clear distinction between full-time, part-time, seasonal, and temporary employees. Some employers provide more benefits to full-time staff than other workers.
So, what happens if you are a short-term employee and you sustain a work-related injury or illness? This post explains how the Pennsylvania Workers’ Compensation Act protects seasonal workers.
Workers’ Compensation Coverage for Seasonal Employees
Pennsylvania worker’s compensation covers nearly all workers, including part-time, temporary, and seasonal employees. Employers like corporations, nonprofits, unincorporated businesses, and even entities with just one employee must provide workers’ compensation coverage.
However, […]
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Scranton Distracted Driving Accident Lawyer
Seeking Justice After a Scranton Distracted Driving Car Accident
All drivers have an obligation when they enter the road. They are obligated to drive safely, obey all traffic laws, and behave in a manner that does not put themselves or any other party in harm’s way. However, unfortunately, drivers do sometimes fail to meet obligations while behind the wheel, whether that be via drunk driving or simply distracted driving.
It’s important to remember that a distracted driver is a dangerous driver. If you have experienced the consequences of a distracted driver via an automobile accident, an experienced Scranton distracted driving accident lawyer at Munley Law Personal Injury Attorneys can help. We will review your car accident case and fight to ensure you receive the compensation you are owed. Contact us today for a free consultation. We do not collect a fee for our services unless we win your case. […]
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Proving Negligence in a Premises Liability Case
How You Can Prove Negligence and Win Your Premises Liability Case
If you suffered serious injuries at another’s business or property, then you deserve compensation for your pain and expenses. However, to do so, you will need to demonstrate the business or property owner’s responsibility for your injuries. As a result, Munley Law, the nation’s leading personal injury law firm, is here to explain what you will need to show and how you can show it. If you are ready to win big, then follow these tips for proving negligence in a premises liability case. When you’re ready to find out how much compensation you could get, discuss your case with an award-winning premises liability lawyer from Munley Law . Call, text, message, or chat us. Today and every day, the consultation is always free.
Tips for Proving Negligence in Your Premises Liability Injury Case
Tip #1 – Understand what a premises liability case is
In order to negotiate a favorable settlement or win at trial, […]
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Determining Fault in an Auto Accident
After a car accident, hold the driver at fault accountable
The nation’s #1 personal injury lawyers explain how to determine who caused an auto collision
A crash can unquestionably change everything. Most people think that it won’t happen to them. However, 6 million drivers and passengers collide every year. The Centers for Disease Control and Prevention (CDC) reports that 3 million of those accident victims suffer serious injuries. Each year, 38,000 die in fatal car, SUV, and truck crashes. In addition to these tragic injuries and deaths, auto collisions are tremendously costly. In fact, the CDC reports that “medical care costs and productivity losses associated with injuries and deaths from motor vehicle crashes exceed $75 billion.” In most causes, determining fault in an auto accident is also the first step towards figuring out who must pay a crash victim’s expenses. […]
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What Are Premises Liability Claims?
America’s #1 accident lawyers explain how you can win your premises liability lawsuit
Accidents often happen when we least expect them. They often occur in the places that feel the most comfortable and mundane. People suffer injuries at the grocery store or a close friend’s home. As the National Floor Safety Institute (NFSI) reports, the leading cause of emergency room visits in the United States is slip and fall accidents. In fact, 8 million Americans (21.3%) seek emergency treatment for a fall each year. As such, the most common accidents are slip and fall accidents. However, they are not the only accidents that occur outside of the home. Accident victims who suffer injuries at a business or property may be able to file premises liability claims to recover their losses.
Premises liability law can be tricky. […]
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