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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Lancaster Nursing Home Abuse Lawyer
Placing your loved one in a nursing home or assisted living facility likely wasn’t a decision you made lightly. You thought this placement would be the best option to keep your loved one safe and ensure they received the necessary medical treatment. Elderly loved ones are, of course, more prone to injury, which is probably one reason you selected a nursing home or assisted living facility. You could have never imagined that the carefully selected facility you chose would commit elder abuse. Still, unfortunately, nursing home residents are often victims of various forms of abuse, from emotional abuse to financial abuse and medical neglect.
Understanding Nursing Home Abuse and Neglect in Lancaster, PA
In Lancaster, nursing home abuse and neglect can take many forms; the most common we see in nursing homes, assisted living facilities, and long-term care facilities include:
- Unsanitary living conditions
- Poor hygiene
- Physical abuse
- Physical neglect, […]
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Reading Misdiagnosis Lawyer
When you see a doctor, you trust they’ll figure out what’s wrong with you and give you the right medicine or treatment. Making a mistake can cause significant problems, especially if they don’t take care of a serious sickness or injury.
If you or a family member in Reading, Pennsylvania, has been misdiagnosed by a healthcare provider, you can pursue legal action.
Top Rated Reading Medical Malpractice Lawyers
Dealing with a misdiagnosis often brings both physical pain and mental pain. You put your trust in your medical provider, believing they’ll take care of you, and instead, they fail to deliver the care you need. At Munley Law, we understand that along with legal advice, you need a team that genuinely cares about your well-being. We have decades of experience with medical malpractice cases and are dedicated to seeking justice for individuals in Reading and across Pennsylvania. […]
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Suing a Neighbor for an Injury on Their Property
Property owners are responsible for keeping the property they invite others into safe. If they fail to clear the space of hazards and someone gets hurt, the injured person has the right to sue the negligent property owners responsible for their injuries.
If you or your loved one were injured on a neighbor’s property, you have the right to file a premises liability lawsuit against their insurance company. An experienced premises liability attorney at Munley Law will guide you through the claims process and help you recover fair compensation for your injuries and losses. Call today for a free consultation.
If I’ve Been Injured at My Neighbor’s Home, Can I Sue?
The short answer is, yes, you can sue if you were injured at your neighbor’s home. However, you must be able to prove the four elements of negligence to have a valid premises liability claim. […]
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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. […]
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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.
Whether your child has suffered a brain injury from a car accident, […]
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