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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California Truck Accident Lawyer
The trucking industry is vital to California’s economy. It ensures fresh food gets to grocery stores, delivers parts to factories, and more. It generates billions in revenue each year by moving goods like food, fuel, electronics, furniture, and clothing.
Given the high volume of trucks on California’s roads, like I-5, I-10 and I-80, accidents are inevitable due to the increased traffic and the inherent risks associated with large commercial vehicles. If you’ve been in a truck accident, an experienced California truck lawyer can help you get the compensation you need.
We are Award-Winning Trucking Accident Attorneys
Our award-winning trucking accident attorneys are dedicated to providing exceptional legal representation to truck drivers in
California. At Munley Law Personal Injury Attorneys, our law firm is recognized for its experience, expertise, and success in handling trucking accident cases nationally.
Munley Law Personal Injury Attorneys has been consistently recognized for excellence in legal practice. […]
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What Happens If Someone Hits You and They Don’t Have Insurance?
It is estimated that 1 in 8 drivers in the United States are uninsured. Unfortunately, this means if you are involved in a car accident, you may encounter an uninsured motorist. But what happens if someone hits you and they don’t have insurance?
The answer largely depends on the state you live in. Sometimes, your own insurance may cover the losses you incurred in the collision and in others, you may have to file a personal injury lawsuit.
The extent of your injuries as well as if you carry uninsured motorist (UM) coverage or underinsured motorist (UIM) coverage in your insurance policy will also determine where and how you can seek compensation.
Munley Law car accident attorneys help drivers involved in car accidents with uninsured motorists and can explain your options.
What Type Of Auto-Insurance Coverage Am I Required To Hold? […]
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Truck Accident Questions & Answers
Q: What can I do to protect myself after an accident with a big truck or tractor-trailer?
A: Truck and bus cases are very complicated and require the immediate attention of a truck accident lawyer who has a record of success in handling big truck cases. Trucking companies will typically have unlimited resources that include teams of lawyers and experts who are prepared to fight against any lawsuit you may file as a result of an accident—regardless of how injured you are. If you have been hit by a truck, the best way to protect yourself is to contact an experienced truck accident attorney who will defend your rights and ensure that you are fairly compensated.
Q: What should I do at the scene of a truck accident?
A: While you are at the scene of the accident, you should do the following:
- Remain calm and remain in your vehicle (unless it’s too dangerous to do so)
- Turn on your hazard lights
- Call 911 even if your accident seems minor
- Seek medical attention for any injured drivers or passengers
- Unless necessary, […]
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Semi Truck Accidents
A semi truck accident can be a life-altering experience for both you and your family. You could be facing serious injuries that can take months if not years to recover from. Your family could suffer the financial burden of paying the medical expenses without the help of your income. In many cases, the injuries sustained in the accident may be fatal and your family will be left to pick up the pieces afterward. If you get into a trucking accident with a semi truck, do you know what your next steps should be?
For more than 60 years, the truck accident lawyers at Munley Law have represented drivers, passengers, pedestrians, and truck drivers who have been seriously hurt in accidents with semi trucks. If you or someone you love was hurt in a crash with a semi, you will need someone on your side to make sure the trucking company is held responsible. […]
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Northampton, PA Personal Injury Lawyer
When life takes an unexpected turn, like getting hurt in an accident, it can feel overwhelming. In Northampton, PA,
having a skilled personal injury lawyer by your side can make all the difference in how you move forward.
Whether you’re dealing with a car accident, a workplace injury, or any other situation where you’ve been harmed because of someone else’s negligence, our law firm is here to help you get the justice and maximum compensation you deserve.
About Our Experienced Northampton Injury Lawyers
For over 60 years, Munley Law Personal Injury Attorneys’ award-winning lawyers have been fighting for accident victims in Northampton, Nazareth, Allentown, Stroudsburg, Easton, Philadelphia, Bethlehem, and across Pennsylvania’s Lehigh Valley. With an experienced and compassionate attorney, you don’t have to face the battle for fair compensation alone.
Since 1959, our law offices have built a reputation for preserving critical evidence, […]
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