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
Scranton Premises Liability Lawyer
Property owner is legally obligated to keep their property safe for visitors and patrons and adequately warn of any hazards. They can be held responsible if they fail to do so and someone gets hurt. If you injured someone else’s property due to unsafe conditions, your first call should be to a Scranton premises liability lawyer at Munley Law.
When you suffer a severe injury due to another person or company’s negligence, your choice of personal injury lawyer matters. You need someone with the experience and the resources to achieve the best results for your premises liability case. Munley Law has won millions of dollars in settlements and verdicts for our clients and has earned the highest client satisfaction ratings. Let our law firm handle the legal battle so that you can heal from your injury and focus on the things that matter most. […]
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Pittsburgh Wrongful Death Lawyer
As personal injury lawyers, it is Munley Law Personal Injury Attorneys’ mission is to make things right for people who have suffered terrible injuries and losses because of someone else’s negligence. But there are some wrongs that can never truly be made right. Losing a loved one to wrongful death is absolutely devastating. While we cannot bring that person back, our Pittsburgh personal injury lawyer can and will aggressively pursue the justice your family deserves with a wrongful death lawsuit.
If you lost someone because of a car or truck crash, workplace accident, medical error or other preventable incident in Pittsburgh, you may be entitled to compensation. While no amount of money will ever replace your loss, financial compensation can bring some peace of mind and security for your future. And, a wrongful death lawsuit is often the only way of holding the at-fault party accountable for their actions. […]
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Misdiagnosis Claims in Stroudsburg, PA
In Stroudsburg, PA, patients trust their healthcare providers to deliver accurate diagnoses that guide their treatment and recovery. However, when a medical professional fails to diagnose a condition correctly, the consequences can be
devastating, leading to unnecessary suffering, worsened health outcomes, or even life-threatening complications. If you or a loved one has been a victim of a misdiagnosis, you may be entitled to compensation.
With our deep understanding of Pennsylvania medical malpractice laws and a proven track record of success, our Stroudsburg medical malpractice attorneys are committed to fighting for your rights and securing the justice you deserve. Call today to schedule a free consultation.
How a Serious Is a Misdiagnosis in Stroudsburg, PA?
Getting the medical care you need to recover from an illness starts with an accurate diagnosis. Early and accurate diagnosis allows for timely medical intervention, […]
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Surgical Errors in Stroudsburg, PA
Most often, surgeries proceed as intended without incident. Sometimes, however, surgical errors occur, leading to devastating consequences.
In Stroudsburg, PA, victims of surgical errors may face extended recovery times, additional surgeries, and significant emotional and financial burdens. If you or a loved one has been harmed due to a surgical error, you deserve top-tier legal representation. The Stroudsburg medical malpractice lawyers at Munley Law Personal Injury Attorneys
Are Surgical Errors the Same as Medical Malpractice?
Surgical errors are mistakes made during a surgical procedure that deviate from the standard of care and harm the patient. These errors can include operating on the wrong body part, leaving surgical instruments inside the patient, or causing unintended damage to organs or tissues.
All surgeries involve a certain amount of risk. Informed consent is an important part of medical care that allows patients to make informed decisions about their treatment, […]
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Surgical Errors in Scranton, PA
We are fortunate to have access to world-class medical treatment in Northeast Pennsylvania. However, even in the best facilities, medical professionals can make mistakes that lead to serious harm. When you select a hospital, surgeon, and surgical team to operate, you trust they will treat you with professionalism and the utmost care.
Unfortunately, the surgical team sometimes makes a mistake, which can have devastating, even deadly, consequences for the patient and their family.
If you or a loved one has suffered harm or loss of life from a surgical error in Scranton, it’s important to understand your rights and options under PA personal injury law for holding the responsible parties accountable.
An experienced medical malpractice attorney at the Scranton Law offices of Munley Law can help. Call us for a free case evaluation. We will discuss the specifics of your medical malpractice claim, […]
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