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
Hazleton Product Liability Lawyer
Para asistencia inmediata en Espanol, Favor de llamarnos al numero 570-983-3844.
Have you been hurt by a defective product in Hazleton? Contact a Hazleton product liability lawyer at Munley Law Personal Injury Attorneys for a free consultation
The product liability attorneys at Munley Law Personal Injury Attorneys represent individuals who have been injured by a defective or unsafe product. A defect in design and manufacturing, or lack of appropriate safety warnings can cause serious harm or even death. A Hazleton product liability lawyer will hold the negligent manufacturer responsible.
Proving that a product defect caused your injury can be challenging. A product liability case often involves dealing with large corporations and their insurance companies. The product liability and personal injury lawyers at Munley Law Personal Injury Attorneys have decades of experience handling cases against automakers, pharmaceutical companies, and other major manufacturers. […]
Read MoreMore information about Negligence
Fatal Car Accident in North Whitehall, PA
On Tuesday, October 15, a tragic single-vehicle accident claimed the life of a man in North Whitehall Township in Lehigh County. The incident, which occurred along the 2700 block of Valley Road, brought attention to the ongoing issue of traffic fatalities in the region.
According to local news reports, the crash involved a pickup truck. Emergency responders pronounced the driver dead at the scene. The accident’s severity necessitated the closure of Valley Road between Apple Valley Estates and Kernsville Road for an extended period, allowing law enforcement to conduct a thorough investigation.
Lehigh County: A Hotspot for Traffic Incidents
This recent fatality adds to the concerning statistics in Lehigh County. The Pennsylvania Department of Transportation reports that the number of fatal auto accidents in Leigh County has remained relatively steady over the past five years. As one of the most populous counties in Pennsylvania, […]
Read MoreMore information about Negligence
Can I File for Unemployment While Receiving Workers’ Compensation?
If you get injured at work, workers’ compensation may be an option for you. Often referred to as workers’ comp, this is a state-mandated insurance program that offers payment to those who have been hurt or experienced an occupational disease while at work. It’s an extremely common way for workers who have been injured on the job to cover medical expenses and make up for lost wages. But some workers may wonder: Can I collect both unemployment and workers’ comp benefits?
In Pennsylvania, workers’ comp payment areas include wage replacement benefits, death benefits, the coverage of medical expenses, specific loss benefits, and more. Private insurance companies can pay out workers’ compensation, the State Workers’ Insurance Fund, or self-insured employers, and most PA workers (with some exceptions) are guaranteed coverage by the Pennsylvania Workers’ Compensation Act. However, the system does require you to follow very specific rules in order to make a claim or receive your due successfully. […]
Read MoreMore information about Negligence
Quakertown Personal Injury Lawyer
Accidents can quickly turn your life upside down. Whether it’s a car crash, a slip and fall, or a workplace injury, they can impact your health, finances, and peace of mind. When accidents happen, they can quickly make your life very difficult. 
That’s where a Quakertown personal injury lawyer comes in—to help you with the legal process, hold those at fault accountable, and win the fair compensation you’re entitled to.
Common Types of Personal Injury Cases in Quakertown
The practice area of personal injury law covers a wide range of cases in which someone else’s negligence or wrongdoing has harmed accident victims.
Auto Accidents
Automobile accidents can cause harm like whiplash, broken bones, and brain injuries. It can be difficult to figure out who is at fault, so it’s important to speak with an accident lawyer with experience in dealing with these situations. […]
Read MoreMore information about Negligence
McKeesport PA Personal Injury Lawyer
Discover the rich history and vibrant community of McKeesport, PA, a place Munley Law has been serving for decades. Nestled in the state of Pennsylvania, McKeesport is home to notable landmarks and roads that carry stories of its residents. As you navigate through McKeesport, you find a community that holds a deep connection to its roots, offering a blend of historical and modern elements that make it a unique place to live.
Understanding Personal Injury Law
Understanding personal injury law is the first step in your recovery after suffering an injury in an accident caused by someone else’s negligence. Personal injury encompasses a range of incidents from car crashes to other accidents and medical malpractice. Any kind of personal injury caused by negligence or wrongdoing demands justice and compensation. A McKeesport personal injury lawyer from Munley Law is equipped to guide you through the complex legal landscape. […]
Read More
