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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Pittsburgh Personal Injury Lawyers
A serious accident can upend your entire life. You shouldn’t have to navigate this experience alone. A Pittsburgh personal injury lawyer can help you and your family get the justice and the compensation you need.
We are plaintiffs’ lawyers who exclusively handle serious personal injury cases. When it matters most, you need a personal injury firm you can trust. No injury firm in Pittsburgh is more qualified to protect your rights. Call today for a free consultation.
Types of Pittsburgh Personal Injury Case We Handle
Every injury matter is unique. Speaking with a seasoned personal injury attorney will help accident victims start the process toward receiving the compensation you are legally entitled to for your injuries. We will assess your circumstances, respond to any inquiries you might have, and assist you in deciding what further to do. […]
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Lower Merion Personal Injury Lawyer
In the wake of a personal injury claim, securing an experienced Lower Merion personal injury lawyer to represent your interests is imperative. Navigating the complex legal landscapes that surround personal injury claims requires a nuanced understanding that only seasoned professionals can provide. In Lower Merion, an area renowned for its picturesque surroundings and vibrant community as part of part of the Philadelphia Main Line, residents have the privilege of accessing top-tier legal representation through Munley Law.
Munley Law emerges as a beacon of hope, armed with a team of adept Lower Merion personal injury attorneys ready to fight tirelessly for your rights. With an unyielding commitment to justice and a proven track record of successful case resolutions, choosing a personal injury lawyer in Lower Merion is synonymous with entrusting your case to Munley Law.
If you or a loved one were hurt due to the negligence of another, […]
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Kingston Personal Injury Lawyer
Injured in an Accident in Kingston? Call Munley Law Personal Injury Attorneys Today.
If you or a loved one have been injured in an accident in Kingston PA, you likely have many questions on your mind. How soon can I get back to work? How can I afford these medical bills? Can I hold the person who caused the accident responsible?
If you were hurt in an accident caused by someone else’s negligence, a Kingston, PA personal injury lawyer from Munley law can guide you through the process.
Our staff includes lawyers, paralegals and other professionals who are specially trained to assist in the investigation, development, negotiation, and trials of personal injury cases throughout Pennsylvania. Our Kingston personal injury lawyers have won millions of dollars in settlements and trial verdicts, including numerous multimillion-dollar cases. We are named by the U.S. […]
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Honesdale Personal Injury Lawyer
When an individual is injured due to someone else’s negligence, seeking the assistance of a Honesdale personal injury lawyer is a smart move. Personal injury lawyers specialize in helping injured individuals get compensation for medical expenses, lost wages, and pain and suffering. With their in-depth knowledge of the legal system, they work hard to ensure their clients receive fair treatment and just financial compensation.
Types of Cases We Handle in Honesdale
At Munley Law Personal Injury Lawyers, our Honesdale legal team handles a variety of cases to help people who someone else’s carelessness has wronged. From car accidents and slip-and-fall injuries to workplace mishaps and medical malpractice, the expert team at our law firm ensures that those who have been hurt get the justice and compensation they deserve.
The types of practice areas we commonly handle are:
Truck Accidents
Trucking accidents can be catastrophic due to the size and weight of these large vehicles. […]
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Bensalem Personal Injury Lawyer
The Bensalem personal injury attorneys at Munley Law have been trusted by people throughout Pennsylvania since 1959. When it matters most, you need an advocate who will fight on your behalf, just like they would for their family. We offer free consultations without getting paid unless we win your case.
When Do I Need a Bensalem Personal Injury Attorney?
After suffering a serious injury in Bensalem, one of the first things many people ask is: do I need a lawyer? It’s true that
not every car accident or accidental fall results in a personal injury lawsuit. But if you’re seriously hurt, if the insurance company is denying your claim, or if you’re worried about the long-term ramifications of your injuries, a lawyer can help make things right.
If you’re unsure whether you need a lawyer, scheduling a free consultation can help you better understand your rights and options. […]
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