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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Scranton Motorcycle Accident Lawyer
If you or someone in your family was involved in a motorcycle crash caused by another driver, you need a Scranton motorcycle accident lawyer to get you compensation for your injuries. Motorcycle riders face a higher risk of severe injury and death than other motorists, and you need an experienced attorney to speak with the insurance company on your behalf so you can focus on your recovery.
The Munley Law Personal Injury Attorneys team can fight for what you deserve and help you recover. The consultation with our Scranton personal injury lawyer is free, and we don’t charge anything for our services unless we win your case. Call us today to get started.
Why You Need a Motorcycle Accident Lawyer in Scranton, PA
When you’re facing the consequences of a motorcycle accident in Scranton, the road to recovery can seem daunting. […]
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Levittown Personal Injury Lawyer
Getting injured in an accident can be very hard. You’re dealing with injuries and medical bills and trying to figure out what to do next. A Levittown personal injury lawyer can help you during this tough time and ensure you get the compensation you deserve.
Types of Injury Claims We Handle in Levittown
As a Levittown personal injury law firm, Munley Law has successfully handled personal injury cases in Pennsylvania for 65 years. Below are some of the most common types of injury claims our law offices handle in Bucks County:
Car Accidents
Car accidents are among the most common causes of personal injuries and cause big hurdles for people. A Levittown personal injury lawyer can help you deal with insurance claims, medical bills, and the complex legal process to ensure you receive fair compensation for your injuries, […]
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Does My Injury in Harrisburg Qualify as a Personal Injury Claim?
Experiencing an injury, whether minor or severe, can be a distressing and overwhelming experience. Dealing with the physical pain and the looming uncertainties surrounding potential legal actions can be paralyzing. Determining whether your injury is grounds for a personal injury claim becomes paramount during such times.
For residents of Harrisburg, it’s essential to arm oneself with the knowledge of the local laws and regulations to ensure the protection of one’s rights and to possibly secure rightful compensation. THE Harrisburg personal injury attorneys at Munley Law renowned for their expertise and dedication in Harrisburg, stand ready to offer invaluable insights. As a leading legal firm, they are committed to delivering clear and strategic guidance, and unwavering support to those suffering personal injuries in the community.
What Constitutes a Personal Injury in Harrisburg?
Personal injury law revolves around injuries to a person caused by another’s negligence or intentional misconduct. […]
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Stroudsburg Drunk Driving Accident Lawyer
When someone chooses to get behind the wheel after drinking, they also choose to risk the lives of everyone around them. If you or a loved one has been injured in a car accident with a drunk driver, the law is on your side. At Munley Law, our Stroudsburg drunk driving accident lawyers stand up for the rights of people injured or killed in car accidents caused by impaired drivers. We have the resources, knowledge, compassion, and tenacity to get you the compensation you and your family deserve during this stressful time.
How a Stroudsburg Drunk Driving Accident Attorney Can Help
If you or your loved one have fallen victim to the negligence of a drunk driver, the emotional and physical trauma of this accident is overwhelming. Your finances are compromised with a loss of wages at stake, and there may even be a life-threatening or fatal consequence. […]
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Stroudsburg Truck Accident Lawyer
Munley Law’s experienced Stroudsburg truck accident lawyers have the knowledge and experience to get you the compensation you deserve for the injuries you sustained in a truck crash. An accident involving an 80,000-pound truck is one of the most terrifying things that can happen to anyone on the road. Your injuries can devastate your physical health, keep you out of work, and even render you permanently disabled. These damages can be costly, but you shouldn’t have to bear them alone. As the injured victim, you have rights. Let our Stroudsburg truck accident lawyers handle the legal hurdles so that you receive proper compensation for your injuries. Contact us today to schedule a free consultation.
How a Truck Accident Lawyer in Stroudsburg Can Help
Commercial trucking accident cases present different challenges than run-of-the-mill car accidents. Multiple parties, such as the trucking company, […]
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