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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Harrisburg Slip and Fall Lawyer
When looking for slip and fall accident lawyers in Harrisburg you can trust, you need to look no further than Munley Law. Our law firm is dedicated to fighting for justice and compensation for every Harrisburg fall accident victim. We have recovered millions for our clients and are ready to advocate for you and your fall accident case.
If you have sustained injuries from a slip and fall incident, don’t hesitate — contact us today for a free consultation and learn how we can protect your best interests.
Common Causes of Slip and Fall Accidents in Harrisburg, PA
A slip and fall accident, also commonly referred to as a trip and fall, is a type of premises liability case that occurs when an individual loses their balance, slips, or trips and subsequently falls on someone else’s property. These accidents typically happen due to unsafe property conditions, […]
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Reading Wrongful Death Lawyer
Our Reading wrongful death lawyers understand the overwhelming grief and confusion that accompanies such a loss. Our compassionate and experienced wrongful death attorneys at Munley Law are here to help you seek justice and hold the responsible parties accountable.
A wrongful death lawsuit will not bring your loved one back, but we hope the financial support will help ease the emotional burden of your loss. Contact us today for a free consultation.
Understanding Wrongful Death Lawsuits in Reading, PA
A wrongful death lawsuit is a legal action brought by the surviving family members or representatives of a deceased person against the individual, company, or entity responsible for the person’s death. This type of lawsuit seeks to obtain compensation for the survivors’ losses, which can include both economic and non-economic damages.
The primary goal of a wrongful death lawsuit is to provide financial relief and justice to the surviving family members. […]
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Scranton Product Liability Lawyer
If you or a loved one suffered an injury from a dangerous product in Scranton, the experienced Scranton product liability lawyers at Munley Law Personal Injury Attorneys can help you get the justice you deserve. Our attorneys have extensive experience handling complex product liability claims involving defective auto parts, prescription drugs, heavy machinery, and household consumer products. An experienced defective products lawyer in Scranton will review the details of your case for free and help you determine the next steps.
Fill out our contact form, chat live, or call today for a FREE consultation with a Scranton product liability lawyer at Munley Law. We do not get paid unless we win your case.
Types of Product Liability Claims in Scranton, PA
Companies that design, manufacture, distribute, and sell products are responsible for ensuring their products are safe for consumers. Unfortunately, […]
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Stroudsburg Bicycle Accident Lawyer
Stroudsburg is a great place to ride a bicycle, from the forest trails just outside of town to riding straight through the East Stroudsburg University campus. But unfortunately, while cyclists enjoy the same rights as motor vehicle drivers, drivers routinely make mistakes that lead to dangerous and, in many cases, life-changing bicycle accidents. Holding the appropriate parties accountable requires experienced legal representation from a Stroudsburg bicycle accident lawyer.
The bike accident attorneys at Munley Law Personal Injury Attorneys have provided experienced and aggressive legal representation for injured cyclists through Stroudsburg, PA, since 1959. Our Stroudsburg bicycle accident lawyers have recovered millions of dollars for accident victims and their families throughout the Pocono region. With our office located in downtown Stroudsburg, we can help you with your personal injury claim so you can get back on your feet after a bicycle accident. Contact us today for a free consultation. […]
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What to Do If You Have a Flat Tire on the Highway
A flat tire can quickly turn a routine drive into a stressful situation, especially on a busy road. However, you can handle this common vehicle issue safely and efficiently with knowledge and preparation. Whether you’re a seasoned driver or new to the road, knowing what to do if you have a punctured tire, a tire blowout, or a slow leak on a highway can help you face this unexpected challenge with confidence and ensure you get back on your journey as quickly and safely as possible.
Initial Steps for a Flat Tire: Staying Safe
Dealing with a flat tire can be stressful, especially on a busy road. To ensure your safety, follow these initial steps:
- Find a Safe Location: Grip the steering wheel firmly to counteract the strong vibrations of your flat. Pull over to a safe spot, such as a breakdown lane on the side of the road or a nearby gas station. […]
