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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Motorcycle Accident Lawyer
When a motorcyclist is hit by a car, truck, or another large vehicle, the results can be catastrophic and you will need an experienced motorcycle accident lawyer to get full compensation for your injuries.. With little protection from the impact, the motorcycle rider may suffer life-threatening injuries that take months or years to heal. The aftermath of a motorcycle accident can be a harrowing time, physically and financially. As the injured victim, you have the right to seek compensation.
Your choice of law firm matters. The motorcycle accident lawyers at Munley Law have 65 years of experience representing injured victims. Our award-winning personal injury attorneys have recovered significant settlements and verdicts for injured motorcyclists. We have consistently been recognized as the Best Lawyers in America and are board-certified by the National Board of Trial Advocacy. Most importantly, we get results.
Contact us today to schedule a FREE consultation. […]
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Easton Personal Injury Lawyer
Have you or a loved one been involved in an accident that resulted in catastrophic injuries? An Easton personal injury lawyer from Munley Law can help.
If you’ve been injured due to someone else’s negligence in the Lehigh Valley, an Easton personal injury lawyer can help you navigate the legal process and fight for the compensation you deserve. With their expertise and dedication, they can guide you through this challenging time, ensuring your rights are protected and you receive the support you need to recover.
Call the Easton personal injury lawyers of Munley Law today for a no-obligation free consultation.
What Does a Personal Injury Lawyer Do in Easton, PA?
A personal injury lawyer assists individuals injured due to someone else’s negligence, ensuring they receive the compensation they deserve. Their role encompasses a variety of tasks, starting with a thorough investigation of the incident. […]
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Jackknife Truck Accidents
A jackknife truck accident is not only terrifying but can also cause devastating injuries. If you have suffered a serious injury in a jackknife truck accident, the truck wreck lawyers at Munley Law Personal Injury Attorneys are here to help. Call or chat with us today to schedule a free consultation. There is no fee for our services unless we win your case.
What Is a Jackknife Truck Accident?
Jackknife collisions are a unique type of truck accident that occurs only in trucks made of two parts—a cab and a trailer—such as an 18-wheeler or semi-truck. This accident occurs when the cab and trailer fold at a 90-degree angle, creating a “V” shape like an open jackknife. Often, the accident will happen in the middle of a road away, blocking several lanes of traffic.
Because many of the causes of jackknife truck accidents are caused by the behavior of truck drivers, […]
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Florida Truck Accident Lawyers
Florida’s truck route network is a vital system that supports the state’s logistics and transportation needs. It includes
major highways like I-95, I-75, I-4, and I-10, which are essential for long-haul trucking in the trucking industry. Key US highways such as US-1, US-27, and US-98 provide important connections between cities, while state roads ensure comprehensive coverage.
With the number of commercial vehicles on Florida roads, it’s no surprise that accidents do and will continue to happen. Florida’s busy highways see significant commercial traffic, including delivery trucks, freight carriers, and other large vehicles. Unfortunately, this also means a higher likelihood of large truck-related accidents, which can result in severe injuries and fatalities due to the size and weight of these vehicles.
When a truck accident occurs, it’s not just about dealing with the immediate aftermath—such as medical treatment and vehicle repairs—but also about understanding the regulations and liabilities. […]
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Williamsport Personal Injury Lawyer
If you or a loved one suffered a severe injury in an accident caused by someone else, you have the right to pursue compensation for your losses. A skilled Williamsport personal injury lawyer at Munley Law can ensure you recover fair compensation for your injuries.
Chat live, fill out our contact form, or call today. The consultation is always free, and we never charge a fee unless we win your case.
What is A Personal Injury Claim?
A personal injury claim refers to the legal process of suing a party or parties for damages after their negligence caused you harm.
For example, let’s say a drunk driver crashed into your car, sending you to the hospital with multiple broken bones that required surgery, and rehabilitation. The medical expenses you incurred from that car accident are more than $100,000. A personal injury claim allows you to sue the drunk driver and collect financial compensation that will offset those expenses. […]
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