Negligence

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 Product Liability Lawyer

Our experienced Stroudsburg lawyers at Munley Law have 65 years of experience helping those injured by a defective or dangerous product. Manufacturers are responsible for designing and producing safe and reliable products for their consumers. They should test and retest to ensure their products are safe from causing any harm to users; however, not all products are created equally, and sometimes users can fall victim to their faults. If you or a loved one has been injured due to the of a manufacturer, you will need a qualified and reliable product lawyer to fight on your behalf.

If you have suffered an injury due to a defective product in Monroe County, contact a Stroudsburg product liability lawyer today for a free consultation. We will fight to secure the justice you deserve so you can move forward with your life. […]

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Wilkes-Barre Product Liability Lawyer

The Wilkes-Barre lawyers at Munley Law Personal Injury Attorneys have won multi-million verdicts and settlements for people injured or killed by dangerous and defective products. Defective and unsafe products cause serious injuries and claim lives every day. When big companies release a defective product for consumers, they must be held responsible for the harm they cause.

Product liability cases tend to be highly complex. Not all personal injury firms have the resources or experience to devote to these kinds of cases. Munley Law Personal Injury Attorneys is different. With 65 years of experience, our law firm has built a nationwide reputation for taking on difficult cases against big companies. Our attorneys have been recognized by Super Lawyers and Best Lawyers in America and have been board certified by the National Board of Trial Advocacy, a designation given only to attorneys who demonstrate high standards in trial advocacy. […]

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Wilkes-Barre Drunk Driving Accident Lawyer

If you or a loved one has suffered injuries of any kind from a accident in Wilkes-Barre, PA, a Wilkes-Barre drunk driving accident attorney can help you get the compensation you deserve. While we can’t undo the pain or the damage you’ve endured, we can stand on the frontlines of your fight for justice. We will work tirelessly to ensure that you are fairly compensated for what you’ve been through.

Don’t wait: if you or a loved one has been in a serious car accident in Wilkes-Barre, particularly one involving an alcohol-impaired driver, reach out to a Wilkes-Barre car accident lawyer at Munley Law today. You are always entitled to a free case evaluation, and we are ready and waiting to take your call.

What Are the Legal Consequences of an Intoxicated Driving Accident in Wilkes-Barre?

Wilkes-Barre drunk driving accident lawyer Melinda Ghiardi working at her desk

Drunk driving is an illegal action in all 50 states, […]

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What Should I Do If I Get Hit by a Car While Walking?

Pedestrian accidents can cause serious injuries. Unlike drivers or passengers in cars, pedestrians have no protection from impact. This makes them more vulnerable in accidents. If you are hit by a car, you may be entitled to compensation for medical expenses, lost wages, and . It doesn’t matter who caused the accident; if you are hurt, you have the right to seek compensation. A skilled pedestrian accident attorney at Munley Law can help protect your right to the compensation you deserve. Regardless of who was at fault for the accident, victims deserve to be compensated for the pain and suffering they have endured. Experienced pedestrian accident attorneys with a winning track record, like those at Munley Law Personal Injury Attorneys, can help to ensure that your rights are protected and that you receive the compensation that you deserve and that you are entitled to. […]

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Wilkes-Barre Pedestrian Accident Lawyer

If you or your loved one have been injured in a pedestrian accident in Wilkes-Barre, PA, you are entitled to financial compensation. The Wilkes-Barre pedestrian accident lawyers at Munley Law can help you your legal rights and recover what you are owed. Schedule a free consultation with a Munley Law pedestrian accident lawyer in Wilkes-Barre by phone, chat, or fill out a contact form.

Why You Need a Wilkes-Barre Pedestrian Accident Attorney

As the victim of personal injury from a pedestrian accident, it is essential to have a Wilkes-Barre pedestrian accident lawyer in your corner. They have the expertise and knowledge to work on your behalf, seeking your rights and securing the compensation you deserve.

Watch out for companies – they might try to downplay your claim or not pay up at all. […]

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