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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Bethlehem Premises Liability Lawyer
Bethlehem Premises Liability Lawyers
In Pennsylvania, every property owner or manager is expected to keep their properties safe and free of hazards for visitors, guests, and invitees. If a homeowner, property manager, or business owner fails to keep the property safe and hazard-free for visitors, they may be held legally responsible if a hazard results in injury. If you were injured on someone else’s property in Bethlehem, PA, you may have a Bethlehem premises liability case.
The premises liability lawyers at Munley Law Personal Injury Attorneys are knowledgeable about these types of cases and have won numerous multimillion-dollar settlements and verdicts. Contact us to explore and discuss your legal options. Call Munley Law Personal Injury Attorneys toll-free at 844-303-7321 for a free consultation.
Understanding Premises Liability in Bethlehem, PA
When you’re injured on someone else’s property, you have the right to file a premises liability claim against the person who owns or manages that property. […]
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Truck Accidents and Expert Witnesses
Expert Witnesses in Truck Accident Cases: FAQ
When you have a personal injury case involving a commercial truck, the stakes are high. Truck accident cases depend on highly specialized information including industry regulations, truck mechanics, and the long-term medical and economic impacts of your crash. To build a winning case, you will need the testimony of reliable witnesses, so it is essential that you have a lawyer who can bring in the right witnesses.
Who May Testify in Court As a Witness?
Not everyone has the right to come to court and testify in a truck accident case. In order to take the stand and answer questions before a jury during a live court proceeding, a person must qualify to give testimony as a fact witness or an expert witness.
As their name suggests, […]
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Frequently Asked Questions About Sepsis
Sepsis FAQ: I Was Diagnosed with Sepsis–Can I Sue the Hospital?
What is sepsis and is it serious?
According to the Center for Disease Control and Prevention (CDC), sepsis is the body’s extreme inflammatory response to an infection that occurs when harmful germs, bacteria, and toxins enter the blood, skin, lungs, urinary tract, or other tissue and cause an infection. If that infection is not treated, it can spread and cause sepsis.
The CDC classifies sepsis as a life-threatening medical emergency, sometimes resulting in the need for amputation, organ failure, and death.
Sepsis has a remarkably high mortality rate; about 50% of the 1.5 million people who contract it go into septic shock.
What Causes Sepsis?
Any infection can cause sepsis, but the most common types of infections that eventually lead to sepsis are:
- Pneumonia and Other Lung Infections
- Urinary Tract Infections
- Abdominal Infections
- Bloodstream Infections
- Kidney Infections
- Skin Infections
According to the CDC, […]
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Failing to signal causes countless accidents
We’ve all experienced this kind of bad driving: a driver turns in front of you or merges into your lane unexpectedly without using their turn signal. It’s not just inconsiderate – getting lazy with the turn signal leads to crashes every day.
Over 750 billion times per year, drivers fail to properly use their turn signals. According to a study by the Society of Automotive Engineers (SAE), drivers fail to signal when switching lanes 48% of the time and fail to signal when turning 25% of the time. Motorists also improperly leave their blinkers on long after changing lanes or use the wrong turn signal an additional 10% of the time
Why Are Turn Signals So Important?
The SAE study demonstrates a need for more research to understand and combat the problem of turn signal neglect. But why is it so important that drivers use turn signals when changing lanes, […]
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Nursing Home Wrongful Deaths
Pennsylvania nursing homes at the center of deadly coronavirus outbreaks
When families feel that they can no longer properly care for their loved ones at home, they frequently look to senior care facilities such as assisted living and nursing homes. While these facilities are looked to as a source of care and safety, they are proving to be hot spots for coronavirus outbreaks and deaths.
There have been 4,218 Covid-19 related deaths in Pennsylvania according to the PA Department of Health. Of these, roughly 64% have been in nursing homes. In Lackawanna County, that number is close to 75%. The numbers in Scranton-area nursing homes are so alarming that they have prompted the Pennsylvania Attorney General’s office to launch an investigation into how these facilities have responded to the pandemic.
Older adults are at higher risk for developing serious complications from Covid-19. […]
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