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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Upper Darby Nursing Home Abuse Lawyer
When you place an elderly loved one in a nursing home facility, you expect them to be treated with dignity and respect. But when you start to notice signs of elder abuse, you can feel like you let your family member down and now have to fight another battle. The Upper Darby nursing home abuse lawyers of Munley Law understand the devastating impacts elder abuse can have on the victim and their family.
At Munley Law, we have 65 years of experience in complex personal injury cases, including those involving neglect in assisted living facilities. If you suspect medical malpractice, sexual abuse, or any form of nursing home negligence, call our law office today for a no-obligation, free consultation.
What is Nursing Home Abuse in Upper Darby, PA?
According to the World Health Organization (WHO), nursing home abuse is rampant in assisted living facilities and other long-term care homes, […]
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Easton Bicycle Accident Lawyer
If you are involved in a bicycle accident in Easton, Pennsylvania, having the support of an Easton bicycle accident lawyer can make a significant difference in the outcome of your case.
Easton bicycle accident attorneys understand the laws and regulations about cyclists and the complexities of personal injury claims arising from bicycle accidents. Their primary goal is to advocate for the rights of their clients and ensure they receive fair compensation for their injuries, medical expenses, lost wages, and other damages resulting from the bicycle accident.
At Munley Law, we’ll fight to ensure you receive the compensation you deserve for your injuries and damages. Call the Easton bicycle accident lawyers of Munley Law today for a no-obligation, free consultation.
How Do Bicycle Accidents in Easton Differ from Other Vehicle Accidents?
Understanding bicycle accidents means knowing the key factors that affect how these personal injury cases are dealt with in the law. […]
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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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Industrial Accident Lawyer
Pennsylvania is home to a robust industrial sector. Thousands of Pennsylvanians work in manufacturing plants, steel plants, chemical plants, power plants, construction sites, and other high-risk industries. Even with safety measures in place, accidents happen. If you suffered a work-related injury, you are probably facing a mountain of medical bills at a minimum. In the event of a catastrophic injury, you are likely drowning in medical bills and struggling to adjust to a life with permanent disability. A work injury attorney can help you get the compensation you need and deserve.
Industrial Accident Injury Claims: What You Need to Know
When you have suffered injuries from an industrial workplace accident, you may be able to seek financial compensation. An industrial injury lawyer will tell you the options in your specific case during your no obligation consultation. The most common types are workers’ […]
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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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