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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Man Hit By Plow While Leaving Doctor’s Appointment in Hempfield Twp., PA
A man had been hit by a plow truck after leaving a doctor’s appointment in Hempfield Township on January 6. According to news reports, a wintry mix had fallen throughout the area in the morning. Around 8 a.m., Pennsylvania State Police were called to the parking lot of an orthopedic office on Clark Ellis Road for reports of a man being hit by a plow truck.
According to police, the 74-year-old man was leaving the office when the backside of the plow truck hit him. Police believe he was not run over, but he was either pushed or dragged by the truck.
The victim suffered serious injuries and was taken to a local hospital before being transferred to Pittsburgh.
Police are investigating what caused the accident.
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Philadelphia Uber Accident Lawyer
Philadelphia Uber accident lawyers know rideshare accidents involve complex liability issues and insurance challenges. When you’re hurt in an Uber crash in Philadelphia—whether as a passenger, pedestrian, cyclist, or driver—determining fault and securing compensation requires specific legal expertise.
The Philadelphia Uber accident lawyers at Munley Law have extensive experience handling rideshare cases. Our board-certified trial attorneys have successfully litigated commercial vehicle accidents for decades. We take pride in our proven track record of negotiating fair settlements and winning courtroom verdicts against major companies. If you’ve been injured in an Uber accident, our team has the specialized knowledge to protect your rights and pursue maximum compensation. Contact our Uber accident attorneys today to schedule a free consultation.
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Stroudsburg Car Accident Lawyer
The Stroudsburg car accident lawyers at Munley Law have spent 65 years helping Pocono residents rebuild their lives after devastating car crashes. Our Stroudsburg accident lawyers understand the physical, emotional, and financial challenges you’re facing – and we’re here to shoulder that burden. With decades of experience and a track record of successful outcomes, we fight tirelessly to protect your rights and secure the compensation you deserve.
A serious car accident can turn your life upside down in an instant. Don’t deal with the insurance company on your own. You won’t pay any legal fees unless we win your case. Take the first step toward recovery by scheduling a free consultation with our car accident attorneys in Stroudsburg. Call us, chat online, or complete our contact form today.
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Bethlehem Wrongful Death Lawyer
A Bethlehem wrongful death lawyer can help families seek compensation when negligence leads to the death of a loved one. At Munley Law Personal Injury Attorneys, our legal team combines over 60 years of experience with a proven track record of successful verdicts and settlements in the Lehigh Valley. We handle all aspects of wrongful death claims – from investigating the circumstances and determining liability to negotiating with insurance companies and proceeding to trial when necessary. While we aggressively pursue maximum compensation, we also provide compassionate guidance to help your family through this difficult process.
Contact us for a free consultation to discuss your wrongful death claim and learn how we can help protect your family’s future.
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Pittsburgh Truck Accident Lawyer
When an 80,000-pound commercial truck crashes into your car on Pittsburgh’s busy highways, your life can change in seconds. At Munley Law, we’ve guided hundreds of truck accident victims in Allegheny County through the aftermath of these devastating crashes since 1959, securing multi-million dollar verdicts against negligent trucking companies. Our Pittsburgh truck accident lawyers aren’t just personal injury attorneys – we’re recognized national leaders in truck litigation. We’ve fought and won cases against every major trucking company in America, served on the boards of national trucking safety organizations, and helped shape the laws that protect Pennsylvania drivers from dangerous trucking practices.
While other law firms occasionally handle truck accidents, it’s our specialty. We understand the complex federal regulations governing the trucking industry, know how to prevent evidence spoliation within the critical 72-hour window after a crash and have a nationwide network of accident reconstructionists and industry experts ready to investigate your case. […]
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