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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What Happens If You Are a Passenger in a Car Accident?
Passengers in Car Accidents Entitled to Compensation
Accidents happen every day, and often, it’s the passengers involved who experience some of the most devastating consequences. Whether those consequences include medical complications or psychological harm, the passenger in an accident is absolutely entitled to compensation.
If you were a passenger in a car accident and obtained an injury of any kind, you should be sure to pursue your rights to fair compensation. Whether it’s a personal injury claim, an insurance claim, or both, an accident lawyer can help if you were the passenger in a car crash.
If you need legal assistance, do not hesitate to reach out to one of our dedicated and highly experienced car accident lawyers at Munley Law Personal Injury Attorneys.
When to Pursue Legal Action in a Car Accident
A common mistake many passengers injured in a car crash make is not wanting to pursue a personal injury claim or any legal action for fear of causing harm or negative implications for the driver. […]
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Pedestrian Accident Lawyer
If you’ve been struck by a car or other vehicle while walking, speak with a pedestrian accident lawyer as soon as possible. You may face medical bills, lost wages, and a long road to recovery. And on top of that, you may wonder what your legal rights are. A qualified attorney can advocate for your rights and help you get the compensation you deserve for your injuries.
Munley Law has a team of experienced pedestrian accident lawyers dedicated to helping our clients get the best possible results. We understand the physical, emotional, and financial challenges that you’re facing, and we’re here to help you every step of the way. We offer a free consultation so that you can learn more about your legal rights and options. Contact Munley Law today to schedule a free case evaluation. There is no fee unless we win your case.
The Role of a Pedestrian Accident Attorney
Being in an accident is tough, […]
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Reading Nursing Home Abuse Lawyer
A Reading nursing home abuse lawyer provides essential legal support for victims of mistreatment in long-term care facilities. These attorneys specialize in protecting the rights of elderly and vulnerable residents who have suffered neglect, physical abuse, or emotional trauma. When families place their trust in nursing homes, they expect professional care and respect for their loved ones. However, when that trust is broken, the consequences can be severe. By choosing to work with a Reading nursing home abuse lawyer, families take a stand not just for their loved ones, but for the safety and well-being of all nursing home residents in our community.
If you suspect your loved one is the victim of nursing home abuse in Reading, PA, don’t wait. Contact a nursing home abuse attorney at Muney Law today for a free consultation.
The Rights of Nursing Home Residents in Reading, PA
When someone enters a nursing home, […]
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Reading Birth Injury Lawyer
Dealing with a birth injury can be overwhelming for any family. A Reading birth injury lawyer can provide the support and legal expertise you need to seek justice and compensation for your child’s injuries. They understand your challenges and are dedicated to helping you navigate this difficult time.
Common Types of Birth Injuries in Reading, PA
A birth injury attorney serves as a powerful advocate for children who have been injured at birth, fighting to secure the compensation and care they need for a better future. The most common birth injuries we handle in Reading, PA include:
- Cerebral Palsy: Often caused by oxygen deprivation during birth, this condition affects movement and muscle coordination.
- Erb’s Palsy or Brachial Plexus Injuries: These injuries impact the nerves controlling the arms and hands, often resulting from shoulder dystocia during delivery. […]
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Reading Bicycle Accident Lawyer
If you’ve suffered injuries in a bicycle accident in Reading, PA, a top Reading bicycle accident attorney at Munley Law will help you recover any compensation you deserve. Our Reading personal injury firm assists victims of bicycle collisions in recovering damages, including medical costs, lost income, pain and suffering, and additional losses. Whether you’re prepared to take legal action or still considering your options, one of our experienced Reading bike accident attorneys is ready to evaluate your case and discuss your legal alternatives. Don’t hesitate to contact Munley Law for a free consultation to learn your legal options following a bike crash.
How a Reading Bike Accident Attorney Can Help With Your Claim
Being involved in a bicycle accident can be a traumatizing experience, especially when it is you versus a passenger vehicle. However, following the accident, […]
