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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Scranton Product Liability Lawyer
If you or a loved one suffered an injury from a dangerous product in Scranton, the experienced Scranton product liability lawyers at Munley Law Personal Injury Attorneys can help you get the justice you deserve. Our attorneys have extensive experience handling complex product liability claims involving defective auto parts, prescription drugs, heavy machinery, and household consumer products. An experienced defective products lawyer in Scranton will review the details of your case for free and help you determine the next steps.
Fill out our contact form, chat live, or call today for a FREE consultation with a Scranton product liability lawyer at Munley Law. We do not get paid unless we win your case.
Types of Product Liability Claims in Scranton, PA
Companies that design, manufacture, distribute, and sell products are responsible for ensuring their products are safe for consumers. Unfortunately, […]
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Stroudsburg Bicycle Accident Lawyer
Stroudsburg is a great place to ride a bicycle, from the forest trails just outside of town to riding straight through the East Stroudsburg University campus. But unfortunately, while cyclists enjoy the same rights as motor vehicle drivers, drivers routinely make mistakes that lead to dangerous and, in many cases, life-changing bicycle accidents. Holding the appropriate parties accountable requires experienced legal representation from a Stroudsburg bicycle accident lawyer.
The bike accident attorneys at Munley Law Personal Injury Attorneys have provided experienced and aggressive legal representation for injured cyclists through Stroudsburg, PA, since 1959. Our Stroudsburg bicycle accident lawyers have recovered millions of dollars for accident victims and their families throughout the Pocono region. With our office located in downtown Stroudsburg, we can help you with your personal injury claim so you can get back on your feet after a bicycle accident. Contact us today for a free consultation. […]
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What to Do If You Have a Flat Tire on the Highway
A flat tire can quickly turn a routine drive into a stressful situation, especially on a busy road. However, you can handle this common vehicle issue safely and efficiently with knowledge and preparation. Whether you’re a seasoned driver or new to the road, knowing what to do if you have a punctured tire, a tire blowout, or a slow leak on a highway can help you face this unexpected challenge with confidence and ensure you get back on your journey as quickly and safely as possible.
Initial Steps for a Flat Tire: Staying Safe
Dealing with a flat tire can be stressful, especially on a busy road. To ensure your safety, follow these initial steps:
- Find a Safe Location: Grip the steering wheel firmly to counteract the strong vibrations of your flat. Pull over to a safe spot, such as a breakdown lane on the side of the road or a nearby gas station. […]
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Reading Slip and Fall Injury Lawyer
If you were the victim of a slip and fall accident, an experienced Reading slip and fall attorney at Munley Law can help you recover compensation. A slip and fall accident cause serious injuries that can take months to heal. You can file a personal injury lawsuit if the property owner’s negligence caused your accident. Our slip and fall injury lawyer will investigate your injury, get the evidence to prove your lawsuit and hold the property owner responsible. Don’t wait much longer; contact our slip and fall lawyers in Reading, PA, today to schedule a free consultation.
How Munley Law Can Help You in Reading Your Slip and Fall Case
When you need compensation for your slip and fall accident injuries, you need to get an attorney on your side with proven experience. Your slip and fall lawyer needs to understand how to navigate the complicated liability issues in these premises liability cases and know what avenues to pursue to prove liability and calculate the total compensation you are owed. […]
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Reading Uber Accident Lawyer
A Reading Uber accident lawyer is focused on maximizing your recovery while safeguarding your rights. They’ll investigate all the facts, locate all responsible parties, and fight to make them take full accountability. With expertise in simplifying the claims process, these legal counselors handle the hassles so you can focus on healing.
Whether negotiating with insurers or taking your case to court, a tenacious Uber accident attorney in Reading, PA gives you the strongest chance at resolution and the ability to move forward after this traumatic event. Contact Munley Law today to schedule a free consultation. There is no fee unless we win your case.
Determining Liability in an Uber Accident in Reading, PA
Determining liability is rarely cut and dry when an Uber rideshare vehicle accident occurs. Multiple parties may share responsibility, including the Uber driver, if their negligent actions, […]
