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
18 Wheeler Accident Lawyers
Every 16 minutes, someone is killed or injured by an 18-wheeler, which is why you need an 18-wheeler accident lawyer who understands the devastating impact these massive trucks have on victims’ lives. With over 90,000 people injured annually by 18-wheelers and a staggering 5,078 deaths in 2023 alone, these deadly accidents continue to rise while the trucking industry lobbies for fewer safety regulations.
Don’t face the powerful trucking companies alone. Call Munley Law today for a FREE case review with one of the nation’s top-rated truck accident attorneys. Our elite legal team has a proven track record of winning millions for truck accident victims just like you. We’ve spent years battling trucking companies and their insurance providers, securing the maximum compensation our clients deserve. With Munley Law, you pay NOTHING unless we win your case. Our experienced 18-wheeler accident lawyers have the resources, knowledge, and aggressive approach needed to hold negligent trucking companies accountable. […]
Read MoreMore information about Negligence
West Chester Truck Accident Lawyer
Being involved in a truck accident is unlike any other accident. Occupants in passenger vehicles are subject to the impact of a vehicle that can be over 20 times the car’s weight and size. Because of that difference alone, truck accident victims face catastrophic injuries and even death.
West Chester, a historical Pennsylvanian town that sits in between Philadelphia and Wilmington, has major trucking routes that run through it. Route 202 and Highway 322 see constance commercial truck traffic mingling with local drivers. While these trucks and their truck drivers serve an essential role in Pennsylvania and the United States’ economy, their presence makes the roads inherently more dangerous for regular drivers.
At Munley Law, our West Chester truck accident attorneys understand the devastating physical, emotional, and financial impact truck accidents have on victims and their families. Our experienced attorneys have helped thousands of Pennsylvania residents rebuild their lives after truck accidents, […]
Read MoreMore information about Negligence
York Lyft Accident Lawyer
Here in York County, the rising popularity of rideshare services has unfortunately led to more car accidents on busy routes like I-83, Route 30, and downtown Market Street. After an Uber or Lyft accident, you may face mounting medical bills, lost wages, and complicated insurance claims.
Rideshare accidents differ from typical car crashes. Multiple insurance policies often apply, and your compensation might depend on whether the Lyft driver was actively transporting a passenger, heading to pick up a ride, or simply logged into the app. Pennsylvania’s insurance laws create additional challenges, making local legal expertise necessary for your case.
Experienced Lyft accident attorneys provide valuable support when you’re injured in a rideshare crash. Our York legal team understands the local area and the specific challenges of such cases. We’ve helped passengers and other victims handle claims involving Lyft’s insurance policy, personal insurance carriers, and third-party coverage. […]
More information about Negligence
Pittsburgh Boat Accident Lawyer
With three major rivers converging in the heart of the city — the Allegheny, Monongahela, and Ohio — Pittsburgh’s waterways are busy with recreational boaters, fishing vessels, and commercial traffic year-round. When accidents occur on these waters, the physical, emotional, and financial toll can be overwhelming.
Munley Law’s experienced legal team has helped numerous boating accident victims recover compensation for medical bills, lost wages, and other damages. We work diligently to investigate every aspect of your case, from gathering evidence to consulting with maritime experts, ensuring you receive the maximum compensation you deserve.
Don’t let a boating accident derail your life. Contact Munley Law today for a free case evaluation with our experienced Pittsburgh boat accident attorneys. Our team is ready to evaluate your case and help you understand your legal options.
Common Causes of Boating Accidents in Pittsburgh
The beautiful rivers surrounding Pittsburgh provide countless opportunities for recreation, […]
Read MoreMore information about Negligence
West Chester Medical Malpractice Lawyer
When your doctor or other healthcare provider makes a harmful or life-threatening mistake, a medical malpractice lawsuit can hold them accountable and make sure you receive proper compensation for your losses. At Munley Law, we understand the devastating impact that medical errors can have on patients and their families. Our experienced West Chester medical malpractice attorneys have spent decades representing Pennsylvanians who have suffered because of someone else’s negligence. We are ready to get to work for you today.
If you or a loved one has experienced injuries due to medical negligence in West Chester or elsewhere in Chester County, contact Munley Law for a free consultation. Our attorneys will review your case and help you understand your legal options for pursuing compensation.
Holding Negligent Medical Providers Accountable in West Chester, PA
Medical negligence and malpractice can happen at any hospital, […]
Read More
