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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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, […]
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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. […]
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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. […]
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Is It Safe to Use GPS While Driving?
Cell phones and GPS devices have become common tools for modern drivers. Most people turn on their iPhone or Android to get from Point A to Point B without a second thought. Most do not consider whether they are using GPS safely and legally and do not consider the possibility that they are engaging in distracted driving when using navigation systems. It is important to recognize the proper use of GPS to encourage safer practices and prevent car accidents.
Is Using My GPS Considered Distracted Driving?
Distracted driving is commonly thought of as actions like sending a text message while driving or talking on the phone. However, distracted driving is considered to be any activity other than driving that happens while at the wheel of a car. They may look down at their phone to check their route, become visually impaired from using it, […]
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Can Medical Malpractice Cause a Stroke?
Understanding Strokes: Types, Causes, Treatments, and Medical Malpractice
Strokes are critical medical emergencies that require swift and accurate treatment to avoid lasting damage. We will examine various stroke types, their causes, available treatments, and the impact of medical malpractice.
Types of Strokes
Delays in treatment can result in permanent disability or death. Stroke symptoms are not unique and can mimic other health issues, leading to potential misdiagnosis of stroke. Common signs of a stroke include:
- Weakness or numbness, particularly on one side of the body
- Paralysis
- Tingling in the arms or legs
- Sudden loss of leg strength
- Severe headache
- Loss of balance or coordination
- Slurred speech
- Inability to speak or understand speech
- Vision changes, such as blurred or double vision
- Dizziness
- Fainting
- Loss of vision
- Death
Strokes can vary in severity from mild to life-threatening, […]
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