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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Who’s At Fault in a T-Bone Accident?
What is a T-Bone Car Accident?
A T-bone accident is one in which one vehicle strikes the side of another with its front, thereby forming a “T” shape. This 90 degree angle impact often results in very serious injuries, and if you’ve been injured in a T-bone accident, it’s important to seek medical care immediately. If you end up asking, “Who’s At Fault in a T-Bone Accident?” a lawyer can help.
Unfortunately, these instances are all too common: side impact collisions make up about a quarter of all collisions in the US each year. T-Bone accidents most often occur in intersections, when vehicles involved either intentionally or accidentally disregards a red light or stop sign or negligently makes a left turn.
Drivers involved in a traffic accident who decide to speed through a yellow light can also cause a T-Bone collision like this. […]
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What Happens If You Hit a Cyclist with Your Car?
Hit a Cyclist, or Injured in a Bicycle Accident? We Can Help.
Car accidents involving an injured cyclist can be the worst experience anyone can have. If you’re asking yourself “What happens if you hit a cyclist with your car?” an experienced bicycle accident lawyer can help.
You may feel guilty, upset, and anxious about what happens afterward. Can the cyclist sue you for the accident? What will happen to your insurance rates? What happens next?
These are all valid concerns to have before, during, and after your time on the accident scene. Even if you were injured in the bicycle accident as well, you may be stressing over what can happen. That’s why it’s important to know what your next steps should be to protect yourself and your claim.
For over 60 years, […]
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Can I Sue After a Car Accident If I Was Not Hurt?
What Options Are Available After A Car Accident With No Injuries?
Everyone knows that if you are injured in a car accident, you have the option to file a lawsuit against the other driver. But what happens if you only suffer damage to your vehicle? Can you sue the other driver?
Even if you suffered no physical injuries during an accident caused by the negligence of another driver, you could still recover property damage costs. If your insurance company refuses to repair or replace a car you suffer heavy damage you might need to seek court action to have them repaired or replaced.
Understanding your legal rights after a car accident is paramount. Please note that Munley Law handles personal injury cases only.
Filing Car Accident Claim with Insurance Company
The best way to ensure you recover compensation and financial losses from insurance companies or liable parties in your car accident property damage settlement is to hire an experienced car accident property damage lawyer. […]
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Hazleton Uber Accident Lawyer
If You Were Hurt in an Uber Accident, Contact a Hazleton Car Accident Attorney Today for Free Consultations
Uber provides a reliable service for anyone needing a ride in thriving cities likes Hazleton, Pennsylvania, and throughout Luzerne County. It is convenient. It helps you avoid the cost of owning and maintaining your own car. And it is smart to use a ride-sharing service like Uber, especially if you have been out on the town and want to avoid driving after having a few drinks.
While Uber can be convenient and safe, there are risks when we take a ride with Uber. A recent study conducted by the University of Chicago and Rice University, shows that car accident deaths have increased significantly with the increase in use of the Uber app.
The study suggests that the increase may be caused by Uber drivers operating their vehicles when they are distracted or tired. […]
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Wilkes-Barre Workers’ Comp and Third Party Claims
Wilkes-Barre workers’ comp and third party lawsuits: how a workers’ comp attorney can help
What should you do if you were injured at work in Wilkes-Barre or Luzerne County, Pennsylvania? What if a contributing cause was that a piece of equipment was faulty or malfunctioned? You might submit a claim under the guidelines of Pennsylvania Workers’ Compensation. However, the amount awarded may or may not cover all the medical and related expenses incurred when you could not work. How would you find funds to cover the additional costs? A third-party lawsuit against the equipment manufacturer might be the answer.
Our Wilkes’ Barre workers’ comp lawyer could provide wisdom and guidance in such a situation. Our workers’ comp lawyers have received many awards and have been highly ranked by client and peer reviews from Martindale-Hubbell. Munley Law began protecting workers’ rights to compensation for on-the-job injuries in 1959. […]
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