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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Oklahoma Mother Files $10 Million Wrongful Death Lawsuit Against Prison
The mother of a man from Tecumseh, Oklahoma has filed a $10 million lawsuit against a prison corporation and the state in the death of her son.
Her son and his wife were vacationing in New Mexico when they were killed by two prisoners who had escaped from an Arizona prison. The lawsuit was filed against the company operating the private prison, Management & Training Corporation of Delaware, and claims the state failed to maintain the inmates and properly train the employees.
Losing a loved due to someone else’s negligence can be difficult to understand. When you are grieving, hurt and worried about the future, it is uncomfortable to talk about insurance claims, wrongful death settlements, and cash awards; however, if someone caused your loved one’s death you should seek the compensation you deserve. At Munley, Munley & Cartwright we represent individuals and families that have lost a loved one or been seriously injured due to the negligence of another. […]
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Untold Dangers Of Hospital Bedrails
A hospice patient close to the end of his life was found dead in his bed at an assisted living facility on Christmas morning in 2004 – not totally shocking for this 75-year-old man in declining health. What was shocking was the way he died. His head was entrapped between his mattress and the bed rail. The cause of death was asphyxiation.
The family has filed suit against the facility for negligence. The care facility claims it gave proper care to the patient.
Of the 17,000 nursing homes housing 1.5 million elderly and disabled Americans, 5,300 of them were cited for nursing home violations between January 1999 to January 2001. Close to a third of the charges were “serious enough to cause actual harm to residents or to place the residents in immediate jeopardy of death or serious injury,” according to a congressional report. If your elderly loved one has been injured while in the care of a nursing home or other healthcare facility, […]
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$2.6M Medical Malpractice Verdict In Bethlehem
Doctor at fault for cancer misdiagnosis
Cancer is one of the most common causes of death in the United States, and failure to properly diagnose this disease can be devastating – even fatal – to the patient. When this happens, it may result in a medical malpractice charge against the healthcare givers.
A ruling by the Pennsylvania Supreme Court has ended a two-and-a-half year journey through the state courts for a $2.6 million medical malpractice verdict against St. Luke’s Hospital & Health Network and one of its gynecologists.
The case was filed in Lehigh County; the plaintiff alleged that her doctor breached the standard of care when he did not advise her to have a biopsy on what turned out to be a cancerous lump in one of her breasts.
Our attorneys have decades of experience handling complex medical malpractice cases. […]
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$82.5 Million Awarded To Blast Victim’s Family
Company found grossly negligent in wrongful death case
As wrongful death attorneys, we deal with the grief and confusion a family feels following the unexpected and unnecessary death of a loved one. It is difficult for family to maneuver through the maze of legalities while mourning the loss of their loved one, especially when the death is that of a young father and husband.
The Star-Telegram reports the family of a 27-year-old man who died of injuries suffered in an explosion at a natural gas processing plant has been awarded $82.5 million by a Harris County (Texas) jury.
In May, 2007, the young man was injured when a hot-oil treater exploded and he died at the hospital the next day. The award will go to his widow and the couple’s three young children, including a son born shortly after his father died.
Exterran Energy Solutions L.P of Houston – […]
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$1.7 Million For Nerve Damage Following Baby’s Birth
Hospital responsible for mother’s nerve damage due to negligent anti-nausea injection
The Post-Standard reports a New York state Supreme Court jury has awarded a home-care nurse almost $1.7 million for permanent nerve damage following her baby’s birth three years ago.
The lawsuit was filed against Community General Hospital after the hospital administered an intramuscular injection in an attempt to stop the woman’s vomiting following the birth of her third child. The suit claimed the injection was given too low causing damage to the woman’s sciatic nerve.
The 34-year-old mother now suffers from lower back pain and is unable to sit or stand for any length of time and has other physical problems as a result of the nerve damage. Although she still works as a home health care nurse, her doctors believe her condition will become worse.
Our attorneys at Munley, Munley, […]
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