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 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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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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Allentown Nursing Home Abuse Lawyer
An Allentown nursing home abuse lawyer can help protect your loved ones and hold negligent caregivers accountable. Allowing a residential healthcare facility such as a nursing home, long-term care facility, or skilled nursing facility to care for someone you love requires tremendous trust. We expect staff to care for our family members as their own and ensure that our loved ones are safe in their new homes. Caregivers who expose their loved ones to abuse, neglect, or preventable harm must be held accountable.
If you suspect nursing home abuse in a long-term healthcare facility in the Allentown area, speak up for your loved one and contact our experienced attorneys at Munley Law Personal Injury Attorneys to see how we can help your family. Call, chat live, or fill out our contact form today to learn more from our law firm’s experienced nursing home abuse attorney.
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Wilkes-Barre Tractor Trailer Accident Attorney
The Wilkes-Barre tractor trailer accident attorneys at Munley Law Personal Injury Attorneys have a history of winning tractor trailer accident cases in Northeast Pennsylvania and beyond. We represent injured drivers, passengers, truckers, motorcycle riders and pedestrians. Call, chat now or submit our online form for a free review of your case.
If you hire a Wilkes-Barre tractor trailer accident attorney at Munley Law Personal Injury Attorneys you will have no upfront costs. We work on contingency and we don’t get paid until we win your case. We handle all out-of-pocket expenses so that cost will never stand in the way of your recovery.
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