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
More information about Negligence
3-Car Accident: Who Is at Fault?
Statistically, multi-vehicle accidents are more dangerous than two-vehicle crashes. Why? Because there are more vehicles involved, which increases the impact points. These accidents often occur on highways or major roads where vehicles are traveling at higher speeds. Three-way car accidents can trigger a domino effect and chain-reaction accident. The force of multiple impacts can result in more severe injuries to accident victims, including traumatic brain injuries, spinal cord injuries, and internal bleeding.
If you or your loved one were in a 3-car accident, you may have the right to file a car accident claim against the responsible parties. The Munley Law car accident lawyers have won millions for our clients, including a $17.5 million car accident settlement. We offer a free initial consultation where we will provide a reasonable assessment of your claim. Fill out our online contact form or call today to schedule your consultation. […]
Read MoreMore information about Negligence
How Old Do You Have to Be to Bring a Personal Injury Case?
To file a personal injury lawsuit independently, you must be 18 years old in most states. However, if you’re under 18, your parents or legal guardians can file a claim on your behalf. The statute of limitations is typically paused until you reach 18, at which point you have the standard period (usually 1-3 years, depending on your state) to file. While minors can’t file directly, there’s no minimum age limit for having a case brought on your behalf – parents can pursue claims for injuries that occur at any age, from birth onward.
Personal Injury Cases and the Protections in Place for Minors
When a child is injured due to someone else’s negligence, understanding the legal process helps protect their rights and secure their future. While adults can immediately file lawsuits, the rules are different—but not more difficult—when minors are involved. […]
Read MoreMore information about Negligence
If I Have a Bad Doctor While I Am in the Hospital, What Should I Do?
Discovering you have a subpar doctor while hospitalized can be frightening and frustrating. While most hospital physicians provide excellent care, some fall short of medical standards. According to recent studies, medical errors are now the third leading cause of death in U.S. hospitals, making it important to advocate for your care. When you’re concerned about the quality of your hospital doctor’s treatment, you need to know your options and rights. Here’s what you can do if you find yourself under the care of a physician who isn’t meeting professional standards of medical care.
Reasons You Might Be Dissatisfied with Your Doctor
You may come to be dissatisfied with your care for a wide range of reasons. While not every issue you have with a medical professional may be worthy of legal action, the following are potential signs of poor care and medical malpractice. […]
Read MoreMore information about Negligence
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, […]
More information about Negligence
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). […]
Read More
