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 Premises Liability Lawyer
The Wilkes-Barre premises liability attorneys at Munley Law represent individuals who suffered severe injury or death as the result of unsafe conditions at another person’s property or place of business. We will hold the negligent homeowner, landlord, business owner, or proprietor accountable for failing to maintain adequate safety on their premises. For 65 years, Munley Law has protected the rights of injured people in Wilkes-Barre and all over Luzerne County. Let us handle the liability cases on your behalf so you can recover from your injury with peace of mind.
Chat live, fill out our contact form, or call for a free consultation with our premises liability lawyers. We do not charge a fee unless we win your case.
Compensation Available For a Premises Liability Accident in Wilkes-Barre
You have rights as a renter, customer, client, or visitor on someone else’s property. […]
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Allentown Slip and Fall Lawyer
An Allentown slip and fall lawyer can provide assistance if you’ve been injured in such an accident. Slip and fall incidents can occur anywhere in Allentown, including on sidewalks, in grocery stores, or at a friend’s house. Serious injuries from these events may have a profound effect on your life. It is crucial to seek the advice of a skilled Allentown slip and fall lawyer if you have been hurt in an accident. You can fight to collect the compensation you deserve by working with a competent lawyer to understand your legal options and rights better.
A slip and fall injury lawyer can assist you in navigating the legal system and obtaining the best outcome for your case, regardless of whether you are dealing with medical bills, lost income, or other expenses linked to your accident. If you were injured in a slip and fall accident on someone else’s property, […]
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Allentown Tractor Trailer Accident Lawyer
If you or a loved one has been involved in a tractor trailer crash, you need an experienced Allentown tractor trailer accident lawyer to ensure that you hold the driver and tractor trailer company responsible and receive adequate compensation for the serious injuries you may have sustained. Contact Munley Law for a free consultation. Our Allentown trucking accident attorneys have been helping victims of tractor trailer accidents for 65 years. There is no fee until we win your case.
What Makes Our Allentown Tractor Trailer Accident Lawyers Unique
Munley Law Personal Injury Attorneys has been defending victims of tractor trailer accidents for more than 60 years. In that time, the firm has built a national reputation as the #1 firm in the country in this area, known for fighting hard to get clients the results they deserve.
Munley is the only law firm in the United States with two attorneys who have served as chair of the American Association for Justice Trucking Litigation Group–Daniel Munley (2011-2012) and Marion Munley (2018), […]
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Allentown Wrongful Death Lawyer
If you’ve lost a loved one in Allentown due to someone else’s negligence, an experienced and compassionate Allentown wrongful death lawyer can help. The Allentown wrongful death attorneys at Munley Law will hold the negligent party accountable. We understand what a difficult time this is. In addition to your grief, you may face sudden financial burdens and an uncertain future. Let our wrongful death law firm handle the legal process so that you can mourn your loved one with peace of mind.
Contact Munley Law today to schedule a free consultation. There is no fee until we win your accident case.
Definition of Wrongful Death Lawsuits in Allentown
When another person or organization’s negligent or careless conduct results in the death of your loved one, you may have an allentown wrongful death case. […]
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What Is the Difference Between Medical Errors and Medical Negligence in Allentown?
While sometimes used interchangeably, medical errors and medical negligence hold distinct meanings in law and medicine. A medical error might be an unintended act or omission, whereas negligence is a deviation from standard care that a reasonable healthcare provider would adhere to in similar circumstances. Both can have profound consequences on patient outcomes and warrant a thorough exploration to comprehend their implications fully.
At Munley Law, we’ve witnessed firsthand the turmoil and distress families undergo when confronted with the repercussions of medical mishaps. Our commitment extends beyond legal representation; we steadfastly provide a compassionate, understanding, and supportive environment for those grappling with such challenging situations. If you were injured by medical negligence in Allentown, we’re here to help. Contact our Allentown medical malpractice lawyers today to schedule a free consultation.
Understanding Medical Errors in Allentown, PA
Medical errors refer to unintended acts or omissions in the planning or executing medical care. […]
