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
What Can a Lyft Car Accident Lawyer in Scranton Do for Me?
If you’ve ever been involved in a Lyft accident, you know how overwhelming and confusing the aftermath can be. From dealing with injuries and medical bills to navigating insurance claims, it can be difficult to handle on your own. That’s where a Scranton Lyft accident lawyer comes in.
How Does Hiring a Lyft Accident Lawyer Differ From Hiring a Regular Personal Injury Lawyer?
When hiring a lawyer after a Lyft accident, you may be wondering if you should hire a regular personal injury lawyer or a lawyer specializing in Lyft accidents. While both types of lawyers can handle personal injury cases, there are some key differences to consider.
A Lyft accident lawyer has specific expertise and experience in car accidents involving rideshare services. They understand the unique challenges and complexities that can arise in these cases. They are familiar with the laws and regulations that govern Lyft and the responsibilities of the driver, […]
Read MoreMore information about Negligence
Wilkes-Barre Catastrophic Injury Lawyer
The aftermath of a serious accident may result in life-changing catastrophic injuries. These injuries can be devastating, often requiring substantial financial resources and ongoing support to manage the physical, emotional, and financial challenges associated with the harm you’ve experienced. If you have been the victim of a serious accident and suffered a serious injury such as a traumatic brain injury (TBI), a spine injury, burns, or an amputation, your life may be at a standstill and you’re not sure how to move forward.
You need a Wilkes-Barre personal injury lawyer, specifically with catastrophic injury experience, who will vigorously fight for your rights and best interests. Our Wilkes-Barre catastrophic injury lawyers have decades of experience and success advocating for our clients. Contact us today for a free, no-obligation consultation.
Causes of Catastrophic Injuries in Wilkes-Barre, PA
Severe and often life-altering injuries profoundly impact an individual’s physical, […]
More information about Negligence
Wilkes-Barre Motorcycle Accident Lawyer
Accidents caused by careless and inattentive drivers continue to be a major hazard for motorcycle riders in Pennsylvania. If you suffered injuries in a motorcycle crash because of another driver’s negligent actions, a Wilkes-Barre motorcycle accident lawyer may be able to help you hold them liable for your accident-related expenses and losses.
Trusted since 1959, our motorcycle accident attorneys can help you understand your legal rights and explain your options for collecting compensation. Our case evaluations are always free, and we charge no fee unless we win compensation on your behalf. Call us today to discuss your case with a Wilkes-Barre motorcycle injury attorney for free.
Recovering Damages in a Wilkes-Barre, PA Motorcycle Accident Case
After a motorcycle crash in Wilkes-Barre, you may be able to recover two types of damages: economic and non-economic damages. […]
More information about Negligence
Allentown Distracted Driving Accident Lawyer
Distracted driving is one of the leading causes of car crashes in the U.S. If you were hit by a distracted driver in Allentown or anywhere in the Lehigh Valley, you shouldn’t have to bear the cost. An Allentown distracted driving accident lawyer at Munley Law Personal Injury Attorneys can represent you in the legal process to recover the compensation you deserve. No law firm in Pennsylvania is better equipped or qualified to win you justice.
Contact Munley Law today to schedule your free consultation with an Allentown car accident lawyer. We offer in-person as well as virtual appointments. The consultation is your opportunity to tell your story, get answers to your questions, and plan how to obtain the financial compensation you need. Call, email, or chat live with us today to get started.
What is Considered Distracted Driving?
Distracted driving refers to operating a vehicle while doing any activity that takes your attention away from driving. […]
More information about Negligence
Allentown Pedestrian Accident Lawyer
For 65 years, pedestrian accident victims throughout the Lehigh Valley have trusted the Allentown pedestrian accident lawyers at Munley Law Personal Injury Attorneys. When you or someone you love suffers a serious injury from a pedestrian accident, your choice of an accident attorney matters. You want an Allentown pedestrian accident lawyer with the knowledge, resources, and compassion needed to get you the maximum amount of compensation you need following such a devastating accident.
Our award-winning team won’t rest until you and your loved ones get the justice you deserve. We understand your concerns and are ready to do whatever it takes to make sure you are properly compensated. Fill out our contact form or call today to schedule a free consultation today a pedestrian accident attorney.
The Importance of Hiring a Pedestrian Accident Lawyer in Allentown
The aftermath of a pedestrian accident is often a complex web of legal, […]
Read More
