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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Bethlehem Personal Injury Lawyer
A Bethlehem personal injury lawyer from Munley Law can stand by your side when an unexpected accident leaves you hurt, unable to work, and facing mounting medical bills. Whether you’ve suffered injuries from a car crash, slip and fall, or medical malpractice, these accidents can drastically change your life. Our experienced legal team helps accident victims and their families throughout Bethlehem and Pennsylvania recover the compensation they deserve for their injuries and losses.
If someone else’s negligence harmed you or a loved one, call Munley Law today for a no-obligation, free consultation.
Why Do I Need a Personal Injury Lawyer After an Accident in Bethlehem?
You are not legally required to hire an attorney for a personal injury claim, but it’s rarely wise to handle it yourself. Most Bethlehem residents choose a personal injury law firm like Munley Law for legal counsel so they can focus on healing from their injuries. […]
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When Should I Hire a Car Accident Lawyer?
A Car Accident Lawyer Can Help with Maximum Compensation
Following a car accident, one choice you’ll need to make is if you need a car accident lawyer or not. Car accident victims need an ally on their side to navigate insurance companies and take on the other driver. If you are unsure how to proceed in your car accident claim, a car accident lawyer can help you determine your next steps.
If you suffered car accident injuries, learn more about when you should hire a car accident lawyer.
When You Need A Car Accident Lawyer
If you are involved in a car accident that resulted in serious injuries, lost wages, and piling medical bills, you are likely going to need a personal injury lawyer or car accident lawyer. While the insurance company is going to provide you with a settlement to cover some of your losses, […]
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Lancaster Personal Injury Lawyer
Our Lancaster personal injury lawyers have represented injury victims in Lancaster County for decades, and we can do the same for you. If you’ve been hurt at work, in a car, truck, or motorcycle accident, or were injured by another person’s negligence, you need legal representation you can trust.
If you or a loved one has been hurt, call Munley Law’s Lancaster personal injury attorneys today for a no-obligation, free consultation.
How Our Lancaster, PA Accident And Injury Lawyers Can Help You
Lancaster County has some of the most dangerous roads in the state, like Route 30 or the Lincoln Highway, Route 222, Route 283, and Route 501, making it a popular region for motor vehicle accidents.
Lancaster is also booming with commerce and tourism, which increases the risk of workplace injuries, pedestrian accidents, […]
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Train Derailment Lawyer
The experience of a train derailment lawyer can be invaluable after what can be a terrifying and life-altering event. With the force and impact of a train accident, severe injuries, loss of life, and significant property damage aren’t uncommon. If you or someone important to you has been injured in a train derailment, medical bills, rehabilitation, and emotional trauma might be taking their toll. With everything you’re dealing with, you may not be sure what the next move is. Train derailment lawyers understand the complexity of train accident cases and are committed to helping you get the compensation you deserve so you can focus on healing and moving forward.
Whether you were a passenger on the train, a railroad employee, or a driver or passenger in a motor vehicle involved in the crash, you may be entitled to compensation for your injuries and/or the death of your loved one. […]
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Cement Truck Accidents
Few types of accidents on the road are more destructive or more frightening than a crash with a cement truck. When you’ve been hurt in a cement mixer truck accident, you need a special kind of lawyer to help you collect financial compensation and make you whole again. A cement truck accident lawyer at Munley Law Personal Injury Attorneys can stand by your side and make sure you receive every penny you deserve. The consultation is free, and we don’t get paid unless we win your case.
Our experienced truck crash lawyers are certified in Truck Accident Law by the National Board of Trial Advocacy, and attorneys from Munley Law have twice led the American Association for Justice’s Trucking Law Group. Our legal team has the experience and understanding of truck accident law to take our client’s cases to trial and to negotiate forcefully with insurance companies on their behalf. […]
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