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
More information about Negligence
Stroudsburg Pedestrian Accident Lawyer
If you or a loved one has been seriously injured in a pedestrian accident, a Stroudsburg pedestrian accident lawyer at Munley Law can help you recover your losses. Your outstanding medical bills are just a tiny portion of the losses you are likely to experience caused by the accident. The future costs of treatment, rehabilitation, and prescription medications could far exceed what you currently owe. We offer free consultations, and we do not charge a fee until we win your case. Call Munley Law today to start the claims process.
How a Pedestrian Accident Attorney in Stroudsburg Can Help
“On average, a pedestrian [is] killed every two hours and injured every 8 minutes in traffic crashes.”
This statement from the National Highway Traffic Safety Administration (NHTSA) underscores the extreme risks facing pedestrians in towns such as Stroudsburg and other locations throughout Pennsylvania. […]
Read MoreMore information about Negligence
Stroudsburg Drowsy Driving Accident Lawyer
As a dedicated team of Stroudsburg drowsy driving accident lawyers, Munley Law is deeply rooted in our community and committed to serving its residents. We understand the unique challenges our neighbors face on roads like Route 611 or the busy stretch of I-80, particularly in navigating the complexities that come with serious car crashes and accidents often caused by drowsy drivers. We aim to offer you the support, legal guidance, and peace of mind you need during such challenging times.
For a free consultation, contact the Stroudsburg car accident attorneys of Munley Law for a no-obligation, free consultation.
Hiring Our Stroudsburg Drowsy Driving Accident Lawyer For Your Crash
Our dedicated Stroudsburg drowsy driving accident lawyers are well-versed in its aftermath. According to the National Sleep Foundation, an alarming number of drivers, up to 60% in the United States, […]
Read MoreMore information about Negligence
Stroudsburg Uber Accident Lawyer
The Stroudsburg Uber accident lawyers at Munley Law Personal Injury Attorneys represent Uber passengers as well as other motorists, cyclists, and pedestrians hit by negligent Uber drivers. If you or a loved one were injured in an Uber car accident, or if a family member was killed, contact an experienced Stroudsburg car accident lawyer at Munley Law Personal Injury Attorneys or via our online form for a free, no-obligation consultation as soon as possible. We are ready to discuss the circumstances of the accident and help you understand your legal options.
Accidents with Uber and Uber Eats Drivers in Stroudsburg
While Uber can be convenient and safe, there are risks inherent in taking a ride with Uber. A recent study conducted jointly by the University of Chicago and Rice University, shows that US traffic deaths have increased sharply with the increase in Uber drivers and use of the Uber app. […]
Read MoreMore information about Negligence
Stroudsburg Birth Injury Lawyer
At Munley Law, our Stroudsburg birth injury lawyers want to help parents of injured newborns receive the financial resources necessary to give their child a long, healthy life. When you file a birth injury lawsuit, you can secure fair compensation to cover medical bills, lost wages, and other expenses from your child’s injury.
If your newborn suffered a birth injury due to the negligence of a medical professional, reach out to the birth injury lawyers at Munley Law. Call today for a free consultation with one of our compassionate birth injury lawyers. We will discuss all your legal options and then work to recover the compensation you deserve. Contact our Stroudsburg office today to schedule a free consultation.
How Negligence Causes Birth Injuries in Stroudsburg
When we step into a doctor’s office or hospital, we rely on medical professionals to do everything possible to 
ensure we are safe and healthy. […]
More information about Negligence
Stroudsburg Premises Liability Lawyer
Whether you have had a slip and fall, dog bite, burn injury, poisoning, or other accident on someone else’s property, the Stroudsburg premises liability attorneys at Munley Law Personal Injury Attorneys can help you. For 65 years, our firm has helped thousands of people in Monroe County. We have earned a national reputation for our commitment to clients and record-setting verdicts and settlements. We will handle your claim and get you the money you need – at no out-of-pocket cost to you.
If you or someone you know suffered a serious injury on unsafe premises, contact us today for a free legal consultation. Call, chat live, or fill out our email form, and we will get back to you immediately. There’s no fee unless we win your case.
Compensation Available In a Stroudsburg Premises Liability Lawsuit
Pennsylvania law requires that property owners, […]
