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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Cancer Misdiagnosis Claims in Stroudsburg, PA
If you or a loved one has suffered harm due to a cancer misdiagnosis or delayed cancer diagnosis in Stroudsburg, you might be facing serious, life-changing, even life-threatening consequences.
You might be enduring severe pain, missed work due to medical appointments or illness, or you may even be grieving the loss of a loved one due to a missed or delayed diagnosis.
If a case of cancer misdiagnosis has caused suffering to you or a loved one, you may be entitled to financial compensation for medical malpractice.
Medical malpractice cases in Pennsylvania are governed by specific time constraints, requiring claims to be filed within a certain period. Generally, you must initiate legal action within two years from the date of the injury or when the injury was reasonably discovered. Missing this deadline could result in losing your right to seek compensation for injuries or wrongful death caused by medical negligence. […]
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18 Wheeler Accident Lawyers
Every 16 minutes, a person is killed or injured in a truck accident. Eighteen-wheelers, in particular, injure more than 90,000 people every year, and in 2023 alone, an estimated 5,078 people died in 18-wheeler accidents. For the last 10 years, fatal large truck accidents have risen while the trucking industry continues to call for relaxed safety regulations.
If you or your loved one has been injured or killed in an accident with an 18-wheeler, get help from an experienced 18-wheeler accident lawyer. Call one of the nation’s leading truck accident lawyers at Munley Law today for a free case review.
Our law firm is dedicated to helping victims of all types of truck accidents, including 18-wheeler commercial vehicles. We have spent years fighting against trucking companies and winning cases for victims of truck accidents, just like you. We have the experience and resources to take on these companies and want to put that work in to help you. […]
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Wilkes-Barre Traumatic Brain Injury Lawyer
If you or a loved one has suffered from a brain injury in Wilkes-Barre, you know the devastating impact it can have on a family. Not only is the financial burden often insurmountable, but the emotional toll can also be traumatizing. The Wilkes-Barre traumatic brain injury attorneys at Munley Law Personal Injury Attorneys are dedicated to representing traumatic brain injury victims and their families.
Although our Wilkes-Barre accident attorney can’t undo the physical and emotional harm caused by a serious brain injury, we can help ease the financial burden by fighting to get you the compensation you deserve.
What is a Traumatic Brain Injury?
A traumatic brain injury (TBI) occurs when you are hit by some type external force, such as a bump, blow or jolt to the head. We see TBIs when a brain suffers from the jarring impact of a car crash, […]
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What Is Product Liability?
Product liability refers to the legal responsibility of manufacturers, distributors, retailers, and other parties involved in the production and distribution of consumer products. When a defective or dangerous product causes harm or injury to consumers, product liability laws hold these entities accountable for the damages. Product liability cases can arise from various types of defects, including design defects, manufacturing defects, or failure to provide adequate warnings or instructions
When consumers purchase and use products, they have a reasonable expectation that those products are safe and free from defects. However, if a product is found to be defective and causes harm, the injured party may have the right to seek compensation through a product liability claim. Product liability laws are designed to protect consumers and ensure that manufacturers are held accountable for the safety of their products
How Does Product Liability Work Exactly? […]
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Pennsylvania Product Liability Lawyer
Consumers have a reasonable right to expect their products to be safe to use as advertised. Product liability law protects consumers hurt by unsafe products and holds negligent manufacturers and retailers accountable. If you’ve suffered an injury or illness because of a dangerous product, a Pennsylvania product liability lawyer at Munley Law can help you get the justice you deserve. We have successfully handled numerous cases against industrial manufacturers, automotive companies, medical device makers, and other big companies whose products caused harm.
Contact us today for a free consultation. We do not get paid unless we win your case.
What Is a Product Liability Claim?
A product liability claim is a legal claim brought against a product manufacturer, distributor, supplier, or retailer that caused a consumer injury or harm due to a defect or failure in the product. […]
