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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Wilkes-Barre Uber Accident Lawyer
If you or a loved one were injured in an Uber car accident, or if a family member was killed, contact an experienced Wilkes-Barre Uber accident lawyer at Munley Law Personal Injury Attorneys 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.
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Uber considers itself a technology company, not a transportation company, so it maintains only minimal insurance for its drivers. Typically, Uber provides only one million dollars of insurance coverage for its drivers. While this may seem like a lot of money, if you or a loved one have suffered severe injuries as a result of an Uber car accident, your costs for medical bills, rehabilitation, lost wages, and other expenses may be significantly more than this amount. […]
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Wilkes-Barre Slip and Fall Lawyer
If you’ve been injured in a slip and fall accident, our Wilkes-Barre slip and fall lawyers at Munley can help you seek the compensation you deserve. At Munley Law Personal Injury Attorneys, we work to make things right for people who suffer a serious injury because of someone else’s negligence. You deserve to be fairly compensated for your medical bills and other damages. Let us handle the legal process while you recover from your fall.
Call, chat live, or fill out our contact form for a free, immediate review of your case. A Wilkes-Barre slip and fall accident lawyer will answer your questions at no charge. We never collect a fee for our services unless we win your case.
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Wilkes-Barre Wrongful Death Lawyer
Our Wilkes-Barre wrongful death lawyers know that nothing can replace losing a loved one, but fair compensation can help ease your financial burdens and give you some peace of mind. If someone you love died as a result of someone else’s negligence, you may have a wrongful death claim. In a wrongful death case, your choice of a wrongful death attorney matters. Choose carefully.
Since 1959, families in Wilkes-Barre have trusted Munley Law Personal Injury Attorneys to obtain the justice they deserve. Our Wilkes-Barre personal injury attorneys have earned national recognition for our client service and significant settlements and verdicts. We do not get paid unless we win your case. Contact us today for a free, confidential consultation.
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What Can I Do to Protect My Rights After a Car Accident in Wilkes-Barre?
If you or a loved one are involved in a car accident in Wilkes-Barre, Pa., you need to understand what your rights are to protect yourself and any potential lawsuit you may have going forward. Your first step is to contact an experienced Wilkes-Barre car crash lawyer at Munley Law to start the claims process and to get your legal questions answered. Contact us today to schedule a free consultation.
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Following a car accident in Wilkes-Barre, you are likely stressed, emotional, and unsure what your next move should be–especially if you were not at fault. The Wilkes-Barre car accident lawyer of Munley Law Personal Injury Attorneys is here to help you protect your rights and process a car accident claim or personal injury lawsuit. […]
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Wilkes-Barre Birth Injury Lawyer
A Wilkes-Barre birth injury lawyer can help you seek justice if your child has suffered due to medical negligence. If a doctor acted negligently and caused your child to suffer a birth injury, you may be able to file a medical malpractice claim against them. By filing an insurance claim or civil suit, you may be able to collect compensation to pay for treatment, therapy, and even ongoing care costs. Our birth injury lawyer in Wilkes-Barre can review your case and help you understand your rights for compensation on behalf of your child.
Call Munley Law today or fill out an online form to schedule a free consultation.
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