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
More information about Negligence
York Premises Liability Lawyer
Property owners have a legal obligation to maintain safe conditions for visitors and workers. If you’ve been injured on someone else’s property—whether you slipped on an icy walkway at a shopping center, fell down poorly maintained stairs at an apartment complex, or were hurt at a construction site—a York premises liability lawyer from Munley Law can help. For 65 years, our legal team has represented York County residents who’ve suffered injuries due to negligent property maintenance and inadequate security.
Contact Munley Law for a free consultation to discuss your case. Our experienced attorneys will evaluate your situation, explain your legal options, and fight to hold negligent property owners accountable.
How Our York Premises Liability Lawyers Can Help
When you work with Munley Law, our premises liability attorneys handle every aspect of your case. Our team thoroughly investigates your accident, gathering security footage, […]
More information about Negligence
West Chester Lyft Accident Lawyer
When you’re involved in a Lyft accident, determining liability and securing fair compensation can be challenging due to the multiple insurance policies and parties involved. The experienced West Chester Lyft accident attorneys at Munley Law understand the unique aspects of rideshare accident cases and have a proven track record of helping victims in West Chester, PA pursue compensation for their losses.
Don’t let the stress of medical bills, lost wages, and insurance negotiations overwhelm you during this difficult time. Contact the Munley Law today for a free consultation. We will tirelessly fight to protect your rights and secure maximum compensation for your injuries.
Common Causes of Lyft Accidents in West Chester, PA
Distracted driving puts all drivers at risk and it’s, unfortunately, very common to see accidents caused by negligent distraction. Lyft drivers have a heightened risk of driving distracted. […]
Read MoreMore information about Negligence
York Medical Malpractice Lawyer
When you need medical care in York, PA, you are entitled to good faith treatment intended to improve your health and condition. Unfortunately, medical mistakes and negligence leave many patients struggling with pain and quality of life issues. If your care falls short of York’s professional standards, you need a medical malpractice lawyer.
At Munley Law, our legal team has decades of experience helping patients and families affected by healthcare negligence get justice and compensation. From working with medical experts to navigating Pennsylvania’s specific medical malpractice laws and procedures, our York medical malpractice attorneys thoroughly investigate each case. We consult with qualified medical professionals to prove your care deviated from accepted standards and led to harm.
If you or a loved one has been injured by medical negligence in York, our legal team is here to help. Call Munley Law today to schedule a free consultation. […]
Read MoreMore information about Negligence
Norristown Lyft Accident Lawyer
When you’re injured in a Lyft accident, you’re not just dealing with another driver and their insurance company. Instead, you’re up against Lyft’s corporate policies, their insurance providers, and potentially multiple other parties. Complications can easily arise, leading to delayed claims, denied compensation, and mounting medical bills without financial compensation. The emotional stress, on top of the physical pain from serious injuries can overwhelm anyone.
That’s where the Norristown Lyft accident lawyers at Munley Law step in. Our Norristown personal injury attorneys understand the unique challenges you and your family face. We have years of experience with Lyft, Uber, and other rideshare accident cases. Our car accident lawyers have won millions for our injured rideshare victims and we are confident we can do the same for you. Call today for a free consultation with one of Munley’s Norristown injury lawyers. We will listen to your story, […]
Read MoreMore information about Negligence
Norristown Premises Liability Lawyer
Getting injured on someone else’s property in Norristown can completely disrupt your daily life. Our Norristown premises liability lawyers at Munley Law understand the physical, emotional, and financial toll an accident can have. For 65 years, we 
have helped victims of dangerous property conditions secure compensation through skilled negotiation and aggressive litigation.
Pennsylvania property owners are obligated to maintain safe conditions for their guests. Whether you slipped on an icy sidewalk, tripped on broken stairs, or sustained an injury due to inadequate security, our experienced attorneys know how to investigate your case and build a strong claim for damages. We’ve successfully handled countless premises liability cases throughout Montgomery County, recovering millions in settlements and verdicts for our clients.
At Munley Law, we believe in holding negligent property owners accountable when their failure to maintain safe premises results in serious injury. […]
Read More
