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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Bloomsburg Car Accident Lawyer
Have you been injured in a car accident in Bloomsburg? Contact a car accident lawyer at Munley Law Personal Injury Attorneys today for a FREE consultation.
When you or your loved one have been injured in a car accident in the Bloomsburg area, your choice of legal representation matters. The car accident attorneys at Munley Law Personal Injury Attorneys have a long history of winning cases. Our lawyers have earned national recognition for their success, and have been named among the Best Lawyers in America (via Best Lawyers), Pennsylvania Super Lawyers, and the nation’s Best Law Firms (U.S. News and World Report).
For more than 60 years, the car accident attorneys at Munley Law Personal Injury Attorneys have been handling auto accident claims for injured victims and their families in Columbia County and beyond. We know fighting the insurance company on your own is an uphill battle. […]
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Multiple couples sue CHA Fertility Center over embryo mix-up
This week, two couple filed separate lawsuits against the same fertility clinic in California after a devastating mix-up. One mother gave birth to children who turned out not to be her own, and another would find out that her son had been born to someone else.
Here’s what happened…
A New York couple had been trying for more than six years to have children of their own. They underwent multiple cycles of in vitro fertilization (IVF), a costly process by which embryos are created using the mother’s egg and father’s sperm, stored and preserved, and then are implanted in the womb, with the hope of a successful pregnancy. After multiple failed cycles, the couple was informed that they finally succeeded, and were expecting twin girls (the embryos they created had been female). The first signs of trouble came when ultrasounds showed two male babies, […]
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J&J ordered to pay $4.69 billion to cancer victims in talcum powder lawsuit
Johnson & Johnson ordered to pay $4.69 billion in talcum powder lawsuit
A St. Louis jury returned a $4.69B verdict in favor of 22 women who claimed Johnson and Johnson’s products contained asbestos which caused them to develop cancer.
The verdict is the latest in a series of massive wins for women and their families who have filed cancer-related lawsuits against Johnson and Johnson. In August, 2017, a Los Angeles jury awarded a $417 million verdict in favor of a woman who claimed that Johnson and Johnson’s baby powder caused her to develop ovarian cancer, and in February 2016, a Missouri jury awarded $72 million to the family of a woman died of ovarian cancer after decades of using J&J’s baby powder.
In its natural form, talc (a common ingredient in cosmetic and personal care products, including the popular J&J baby powder) can contain asbestos fibers. […]
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Scranton Dog Bite Lawyer
If You Were Attacked by a Dog in Scranton, Get a Free Case Review at Munley Law Personal Injury Attorneys
The City of Scranton has strict dog laws in place, such as leash laws that prevent owners and handlers from allowing the pet to run free and unsupervised.
While these laws help cut down on the number of dog bite incidents that occur in the area, every year, countless residents — often children or seniors — suffer serious injuries in dog bite attacks.
A dog bite injury lawyer in Scranton at Munley Law Personal Injury Attorneys can evaluate your situation and help you understand if you have a strong enough case to hold the dog owner or handler liable for your medical bills and other damages. We offer complimentary consultations to dog bite victims and will handle your case on a contingency basis. […]
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Stroudsburg Dog Bite Attorney
If you were bitten by a dog in Stroudsburg, you need an experienced dog bite lawyer at Munley Law Personal Injury Attorneys
Dog bites are no laughing matter. They are serious and may lead to devastating and permanent injuries, especially when the victim is a child. Results of a dog bite may include surgeries and other medical expenses, permanent scarring, infections, rabies, missed time from work, and emotional distress. All of these can be costly. You shouldn’t be stuck with the burden of someone else’s negligence.
Most homeowners insurance policies cover dog bites, but making a claim and recovering damages can be complicated. You need an attorney experienced with Pennsylvania state laws. Munely Law, founded and located in northeast Pennsylvania fits that bill. For over 55 years we have represented our neighbors in personal injury cases. […]
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