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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Northampton, PA Personal Injury Lawyer
When life takes an unexpected turn, like getting hurt in an accident, it can feel overwhelming. In Northampton, PA,
having a skilled personal injury lawyer by your side can make all the difference in how you move forward.
Whether you’re dealing with a car accident, a workplace injury, or any other situation where you’ve been harmed because of someone else’s negligence, our law firm is here to help you get the justice and maximum compensation you deserve.
About Our Experienced Northampton Injury Lawyers
For over 60 years, Munley Law Personal Injury Attorneys’ award-winning lawyers have been fighting for accident victims in Northampton, Nazareth, Allentown, Stroudsburg, Easton, Philadelphia, Bethlehem, and across Pennsylvania’s Lehigh Valley. With an experienced and compassionate attorney, you don’t have to face the battle for fair compensation alone.
Since 1959, our law offices have built a reputation for preserving critical evidence, […]
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West Virginia Car Accident Lawyer
Across the nation, car accidents are an all too common cause of death, injury, and extensive emotional and psychological 
damage. In 2019, West Virginia saw 260 fatalities from car accidents, and in 2015, car accidents caused around 8% of all injury-related hospitalizations in the state. Too many lives have been impacted and lost as a result of car accidents.
If you or a loved one has been a victim of a car accident in West Virginia, know that you do not have to fight this battle alone. The aftermath of an accident can be even more stressful and overwhelming than the accident itself, especially as you try to balance your recovery with all the complex logistics and legalities of your situation. But there is hope: with the help of an experienced car accident lawyer, you can take on your case with confidence. […]
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Misdiagnosis Claims in Scranton, PA
A medical misdiagnosis can be devastating for an ill or injured patient. It can delay or prevent the proper treatment the patient needs and even lead to unnecessary and potentially harmful, improper treatment. Misdiagnosis can lead to
permanent injuries and even death.
An alarming report published by BMJ Quality & Safety found that an estimated 795,000 Americans die or are permanently disabled by diagnostic errors every year. These results occur across the medical field, including clinical settings and hospitals.
If you have suffered harm due to misdiagnosis, contact the Scranton medical malpractice lawyers at Munley Law today. Our experienced attorneys will hold the negligent healthcare providers accountable and recover the compensation they deserve.
Holding Doctors Accountable for Your Misdiagnosis in Scranton
It’s no secret that the medical system in Pennsylvania and the United States is broken. Time details patients’ […]
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Can I Sue My Neighbor for an Injury on Their Property?
When you’ve been injured on a neighbor’s property, you might feel confused, upset, and unsure about what to do next.
You may wonder about your options if you’ve suffered an injury while visiting next door. The short answer is yes, you can sue your neighbor for an injury on their property, but there’s more to consider before taking that step.
When an injury occurs on a neighbor’s property, the question of legal recourse often arises. The ability to sue a neighbor for such an injury depends on several factors and involves understanding premises liability law. Call a premises liability lawyer at Munley Law for a free consultation to review your legal options.
Why You Might Sue Your Neighbor for an Injury on Their Property
While suing a neighbor can be a difficult decision, there are several legitimate reasons why you might need to take this step if you’re injured on their property:
- Medical Expenses: If you’ve incurred significant medical bills due to the injury, […]
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How Can You Know If You Have a Concussion?
Traumatic brain injuries, including concussions, are different from other injuries. A broken arm, a bad cut, and even a severe burn are visible. What makes head injuries so scary is that they aren’t visible to the naked eye. Therefore, they are more challenging to diagnose.
If you have signs of concussion, it’s important to seek medical care as soon as possible. If symptoms worsen, this can lead to a more severe traumatic brain injury, which can be life-altering and deadly
If you suffered a concussion because of the negligence of another person, call the Munley Law personal injury lawyers today for a free consultation. Our traumatic brain injury attorneys will protect your rights and secure compensation for your losses.
What Is a Concussion?
A concussion is a subset of the neurological injuries known as traumatic brain injuries (TBIs). […]
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