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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How Old Do You Have to Be to Bring a Personal Injury Case?
To file a personal injury lawsuit independently, you must be 18 years old in most states. However, if you’re under 18, your parents or legal guardians can file a claim on your behalf. The statute of limitations is typically paused until you reach 18, at which point you have the standard period (usually 1-3 years, depending on your state) to file. While minors can’t file directly, there’s no minimum age limit for having a case brought on your behalf – parents can pursue claims for injuries that occur at any age, from birth onward.
Personal Injury Cases and the Protections in Place for Minors
When a child is injured due to someone else’s negligence, understanding the legal process helps protect their rights and secure their future. While adults can immediately file lawsuits, the rules are different—but not more difficult—when minors are involved. […]
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If I Have a Bad Doctor While I Am in the Hospital, What Should I Do?
Discovering you have a subpar doctor while hospitalized can be frightening and frustrating. While most hospital physicians provide excellent care, some fall short of medical standards. According to recent studies, medical errors are now the third leading cause of death in U.S. hospitals, making it important to advocate for your care. When you’re concerned about the quality of your hospital doctor’s treatment, you need to know your options and rights. Here’s what you can do if you find yourself under the care of a physician who isn’t meeting professional standards of medical care.
Reasons You Might Be Dissatisfied with Your Doctor
You may come to be dissatisfied with your care for a wide range of reasons. While not every issue you have with a medical professional may be worthy of legal action, the following are potential signs of poor care and medical malpractice. […]
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Defective Medical Device Attorney
A medical device is meant to support your health. Unfortunately, defective medical devices result in numerous injuries and deaths throughout the U.S. every year.
Has a medical device defect left you or a loved one with injuries? Compensation may be available. Learn more by reviewing your case with a defective medical device lawyer. At Munley Law, our team is on hand to fight for the compensation you deserve. Get started by contacting our product liability lawyers today for a free consultation.
Types of Defective Medical Device Cases We Handle
Defective medical devices can come in many forms. The following are a few examples of common medical device defects:
- Hip implant defects: A defective hip implant could become dislocated, cause injury due to metal parts, cause pain, cause infection, and other such issues.
- Surgical mesh defects: There are many ways a defective surgical mesh can cause injury, […]
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Tire Defect Attorney
Tire defects can render an otherwise safe vehicle too dangerous to drive. Unfortunately, it’s not always immediately clear when a tire is defective. Tire failures often strike without advanced warning.
Have you been hurt in a tire blowout or other tire-related accident? Compensation for your medical bills and related losses may be available.
Speak with an experienced tire defect lawyer for more information about your case. At Munley Law, serving the area for decades, we can offer the representation you need when facing off against large insurers and tire makers. Learn more by contacting our product liability attorneys today for a free consultation.
Understanding Tire Defects and Their Dangers
Tire defects come in several forms, including:
- Tread separation
- Punctures
- Damaged sidewall
- Cracks
Defective tires can cause accidents by causing loss of vehicle control. […]
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Harrisburg Car Accident Lawyer
A Harrisburg car accident lawyer from Munley Law understands how overwhelming a crash can be, especially when dealing with injuries and complex insurance claims. For 65 years, our experienced legal team has helped Harrisburg residents navigate Pennsylvania car accident laws and secure the compensation they deserve after accidents caused by negligent drivers or poor road maintenance. Contact us today for a free, no-obligation consultation, and let our trusted attorneys guide your path to justice. There is no fee unless we win your case.
Understanding Car Accidents in Harrisburg
In the heart of Pennsylvania, the city of Harrisburg witnesses a dynamic mix of traffic, from bustling intercity commutes to serene countryside drives. However, this traffic flow also leads to a significant number of car accidents. Dauphine County reported 2,761 crashes in 2023.
Every Harrisburg auto accident injury claim hinges on negligence, […]
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