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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Can a Passenger Sue Both Drivers After a Car Accident?
You can file an insurance claim or lawsuit to pursue compensation for medical bills, lost wages, and related losses when you’re hurt in a car accident while driving in Pennsylvania. The exact type of claim you file depends on your insurance coverage.
However, you don’t have to be driving to be hurt in an auto wreck. Maybe you’ve been injured as a passenger in a car accident.
This can already complicate matters, as you might not know whose insurance company (if any) is responsible for compensating you now. The case may be even more complex if multiple drivers contributed to the accident.
Determining liability is very important in these cases. For a passenger to receive the full amount of compensation available, they may need to file claims with multiple insurance companies or liable parties.
We at Munley Law can help in this unique situation. […]
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What Does a Wrongful Death Lawyer Do?
When faced with the tragic loss of a loved one due to someone else’s negligence or wrongful actions, understanding how a wrongful death lawyer can help becomes essential. These legal professionals specialize in wrongful death claims, guiding families through the legal process while advocating for their rights.
A wrongful death attorney helps families file their claims and build strong cases. They work diligently to gather evidence and establish who was at fault. They also fight to secure fair compensation for the family’s devastating losses. The process involves a thorough investigation of the death. They often bring in expert witnesses to strengthen the case. Throughout the process, they handle all negotiations with insurance companies.
Each element plays a vital role in building a compelling case to, ultimately, hold the responsible parties accountable. With a focus on both legal expertise and compassionate support, a wrongful death lawyer is dedicated to helping families find justice during one of the most challenging times in their lives. […]
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Who Can I Sue After a Ruptured Gas Line Causes an Explosion?
A natural gas explosion can leave victims with severe burns and other such injuries. You may deserve compensation for the cost of medical treatment and related damages if you’ve been injured in such an accident.
However, you might not know how to recover compensation after being injured, perhaps because you don’t know who you can sue when a gas explosion occurs. At Munley Law, our gas explosion attorneys can provide answers about your legal rights. Contact us today for a free consultation.
Potential Parties Liable in Gas Line Explosion Cases
Seeking compensation for medical expenses, lost wages, and other such losses from gas explosion injuries generally involves filing a personal injury claim with the liable party’s insurer. In some cases, compensation can be sought from other liable parties. Potentially liable parties when gas explosion accidents occur include:
- The local gas company
- Property owners and managers, […]
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Weird Laws in PA
Laws often reflect the times and values of when they were written. As such, many states have old laws, some still on the books, that may seem weird to us today.
Pennsylvania is no exception. These weird Pennsylvania laws serve as a reminder that the law is complex.
That means having professional legal assistance is quite valuable when you’re facing a legal situation you’re unfamiliar with. If you’ve been injured due to the negligence of others, contact our Pennsylvania personal injury team at Munley Law today for a free consultation.
Bizarre Traffic Laws That Are Still on the Books
Although the following Pennsylvania laws applying to traffic and vehicles may not be all that well-known, they’re still on the books:
- No car purchases on Sundays: The prohibition of buying or selling a car on Sunday is a holdover from “Blue laws,” […]
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Personal Injury Lawyer
A personal injury lawyer can be the difference between struggling with medical bills and securing the compensation you deserve. At Munley Law, we’ve built our reputation by consistently outmaneuvering insurance companies and winning substantial settlements for our clients. While other firms might pressure you to accept a quick, inadequate settlement, we meticulously build your case and push back against lowball offers – often doubling or tripling initial compensation offers through aggressive negotiation and litigation.
Don’t let insurance adjusters minimize your suffering or deny you fair compensation. Our record of multi-million dollar verdicts proves we know how to win, and we’re ready to put that experience to work for you. Contact our personal injury lawyers today for a free consultation and learn why many injured clients trust Munley Law to fight for their future.
How A Personal Injury Attorney Can Help With Your Case
As the injured victim, […]
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