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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Pennsylvania Product Liability Lawyer
Consumers have a reasonable right to expect their products to be safe to use as advertised. Product liability law protects consumers hurt by unsafe products and holds negligent manufacturers and retailers accountable. If you’ve suffered an injury or illness because of a dangerous product, a Pennsylvania product liability lawyer at Munley Law can help you get the justice you deserve. We have successfully handled numerous cases against industrial manufacturers, automotive companies, medical device makers, and other big companies whose products caused harm.
Contact us today for a free consultation. We do not get paid unless we win your case.
What Is a Product Liability Claim?
A product liability claim is a legal claim brought against a product manufacturer, distributor, supplier, or retailer that caused a consumer injury or harm due to a defect or failure in the product. These claims are based on the principle that manufacturers and sellers must ensure their products are safe. […]
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Trexlertown Personal Injury Lawyer
If you’ve been injured in an accident in Trexlertown, PA, you may be facing overwhelming physical, emotional, and financial challenges. Medical bills, lost wages, and the stress of recovery can take a heavy toll on you and your family. If you or a loved one has been injured in a motor vehicle accident, product liability incident or workplace accident or through a medical mistake, or if you are facing a heartbreaking wrongful death case, be sure to talk to an experienced Trexlertown personal injury attorney at Munley Law today.
How a Trexlertown Personal Injury Lawyer Can Help
Getting hurt or losing a loved one to an accident is already a time of great upheaval for you and your family, especially if you are now also dealing with insurance companies, medical bills, and legal procedures. Our Allentown personal injury attorneys at Munley Law handle cases in Trexlertown and throughout the Lehigh Valley. […]
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Defective Seat Belt Attorney
The function of a seat belt, lap belt, or safety belt is to keep you safe during a car accident. Wearing seat belts is required on the road because of how effective a quality seat belt can be. However, seat belts may cause or fail to prevent injury when they’re defective.
Have you recently sustained injuries you believe resulted from seat belt failure? Compensation for your losses may be available if so. Discuss the matter with a legal professional representing victims of seat belt failure.
At Munley Law, we have the experience necessary to show how a faulty seat belt caused the injuries for which you deserve compensation. Learn more about how we can help by contacting our product liability attorneys today for a free case evaluation.
Understanding Seat Belt Failures and Your Legal Rights
Defective seat belts can take many forms. […]
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Scranton Medical Malpractice Attorney
For 65 years, Scranton medical malpractice lawyers have represented victims throughout Scranton in their medical malpractice claims. We hold negligent medical professionals accountable and get you the compensation you need to recover from your injuries.
If you or a loved one were a victim of medical malpractice, call the Scranton medical malpractice attorneys of Munley Law to schedule a free consultation.
What a Scranton Medical Malpractice Lawyer Can Do for You
Studies suggest that one in three medical providers will be sued for medical malpractice at some point in their careers. We often think that these cases involve very rare, complex scenarios, but the reality is that they can be as simple as incorrect prescription dosage or a bad diagnosis. While this may seem unsettling for medical professionals, as a patient, it’s even more concerning knowing that these avoidable mistakes happen with an alarming frequency. […]
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Scranton Truck Accident Lawyer
For 65 years, the Scranton truck accident lawyers at Munley Law have been helping truck accident victims in Scranton, PA. Our team includes three board-certified truck accident attorneys who understand the complexities of these cases and the challenges you face.
Don’t navigate this difficult time alone. Our knowledgeable lawyers will guide you through the legal process, ensuring your rights are protected and fighting for the compensation you deserve. Time is critical in accident cases. Contact Munley Law today for a free consultation. Let us put our expertise to work for you.
Hiring a Truck Accident Attorney in Scranton, PA
A truck accident lawyer focuses on helping injury victims obtain compensation from various parties responsible for the victim’s losses, including the truck driver, trucking company, and third-party brokers. It is important to hire a truck accident attorney promptly after the trucking accident to protect your rights, […]
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