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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School Bus Accident Lawyer
If your child suffers an injury while riding a school bus, you may have grounds for a lawsuit. A school bus accident lawyer at Munley Law Personal Injury Attorneys can help you get the compensation you deserve.
When your child has been hurt, you need legal representation you can trust. Since 1959, families throughout Pennsylvania and across the U.S. have turned to the personal injury lawyers at Munley Law Personal Injury Attorneys. Our attorneys have been named among the Best Lawyers in America (via the national legal guide Best Lawyers), Best Law Firms (via U.S. News and World Report), and Pennsylvania’s Super Lawyers. We have built a national reputation on our dedication to accident cases involving large vehicles like trucks and buses. Most importantly, our lawyers get results.
Contact Munley Law Personal Injury Attorneys today for a free consultation. A school bus accident lawyer will review your claim at no charge, […]
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Unsecured Loads and Road Debris Cause Deadly Crashes
Road debris and unsecured loads cause avoidable, deadly accidents.
Imagine traveling down the highway at 60 mph and seeing a piece of scrap metal come flying off the back of a truck into your windshield. Or being hit by a driver who swerved to avoid a piece of furniture on the road. While these might sound like freak accidents, these sorts of crashes happen too often.
According to a new study from the AAA Foundation for Traffic Safety, unsecured loads and debris in the road lead to 200k crashes between 2011-2014. During that time, debris-related crashes caused 39,000 injuries and 500 deaths.
“Road debris” includes anything from a shredded tire to a sofa, to a detached trailer. This excludes “natural” debris like tree branches or animals in the roadway.
All 50 states have laws against road debris and unsecured loads. […]
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“Textalyzer” Could Help Reduce Distracted Driving
Distracted driving, perhaps the biggest road safety scourge of the decade, is getting worse nationwide.
In Pennsylvania, for instance, distracted driving citations increased by 43% from 2014 to 2015; in our home of Lackawanna County, the number of distracted driving citations skyrocketed from 32 to 115, according to the Scranton Times-Tribune.
Last week, our own Dan Munley was quoted about a recent case in which a Lawrence County judge ruled that a person texting a distracted driver who then got into a crash could potentially be held accountable.
In order to combat this growing problem, some safety advocates have suggested that we begin viewing distracted driving the same way we view drunk driving. While distracted driving does not involve the consumption of an intoxicating substance, distraction can impair your driving ability just as much as alcohol, […]
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Use Your Head: Kids and Sports Concussions
School is in session, fall is on its way, and football season is upon us. Tonight is the first game of the NFL’s 96th season. It’s an exciting time of year.
If you have a child enrolled in youth sports programs, this is also a good time to educate yourself on the very real possibility of a sports-related head injury. We’ve been hearing of increasing evidence linking football to long-term brain damage, and there’s even a new movie coming out starring Will Smith as the doctor who first made that alarming connection. But, the truth is that concussions can occur in all youth sports. We’re here to dispel some myths and share some practical knowledge on the subject so you can help keep your athlete safe.
What Are the Truths?
First, let’s address some common misconceptions. Think that only professional athletes who spend years playing contact sports are susceptible to sports-related brain damage? […]
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It’s Parks and Recreation Month! Follow These Tips to Avoid a Park Injury
July is National Parks and Recreation Month, according to the National Recreation and Park Association.
Parks can be wonderful for both physical and mental well-being. In addition to providing space for recreation and exercise, spending time outside in nature is good for one’s psychological health, according to a study recently published in the New York Times. But, parks and playgrounds can also be the scenes of serious falls or injuries. Take a look at these safety tips and reminders to help make sure that your next trip to the park goes smoothly.
Falls
Every year more than 200,000 injuries occur on playgrounds or in parks, and falls are the most common type of playground or park injury. Playground falls can result in sprains, broken bones, or traumatic head injuries like a concussion. Proper supervision can help reduce the risk for falls. […]
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