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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Hazleton Car Accident Lawyer
If you or someone you love suffered a serious injury in a car crash in Hazleton, don’t settle with the insurance company before speaking with a Hazleton car accident attorney at Munley Law. At Munley Law, we understand your concerns when you’ve been involved in a car crash. You may face unpaid medical bills, physical pain, emotional trauma, and an inability to work. Since 1959, we have represented hundreds of auto accident victims throughout Luzerne County. We have won multimillion-dollar settlements for injured car accident victims across our area.
If you were hurt in a car wreck and are unsure what to do next, call our Hazleton office for a free consultation with a car crash attorney. We will answer your questions free of charge and help you decide what to do next. We are available to speak with you any time of the day or night. […]
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Hazleton Wrongful Death Lawyer
Our Hazleton wrongful death lawyer at Munley Law knows there nothing is more devastating than the loss of a loved one. If that loss resulted from another person’s negligence or carelessness, the pain may be even greater. In addition to the immense grief you are feeling, you will likely also face sudden financial distress. Funeral costs, medical bills, loss of income, and more. While no amount of money can replace your loved one, a fair settlement can alleviate the burden of these costs and give you peace of mind.
Our compassionate and experienced personal injury attorneys in Hazleton have helped thousands of families like yours and we’re here to help. Chat live, fill out our email form, or call today for a free consultation with a Hazleton wrongful death lawyer at Munley Law Personal Injury Attorneys. There is no charge for our services unless we win your case. […]
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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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Stroudsburg Medical Malpractice Lawyer
Our Stroudsburg medical malpractice lawyer recognizes the profound impact a medical error can have on your life. While healthcare professionals are legally obligated to maintain a specific standard of care, mistakes unfortunately occur with alarming frequency in Stroudsburg, often resulting in severe injuries or even loss of life.
If you’ve been affected by a medical mistake, you don’t have to face the aftermath or financial burden alone. At Munley Law, we are prepared to help you hold negligent healthcare providers accountable. We collaborate with medical experts to determine the cause of the error and use this information to build a solid legal case on your behalf. Contact our medical negligence lawyers in Stroudsburg today to schedule a free consultation.
The Role of a Stroudsburg Medical Malpractice Attorney
Responding to and moving forward from a medical mistake is difficult. […]
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Stroudsburg Lyft Accident Lawyer
The Stroudsburg Lyft accident lawyers at Munley Law will review the specifics of your accident, answer your questions, and make sure the right people are held responsible. We can help you understand whether you are entitled to compensation for your injuries and how much you might receive. Obtaining the compensation you deserve for your injuries and losses after a Lyft or Uber accident can be complicated.
Contact our Stroudsburg rideshare accident lawyer as soon as possible for a free, no-obligation consultation to discuss the circumstances of the accident and your rights.
How Are Accidents Involving Lyft Drivers Different Than Other Car Accidents?
Because Lyft drivers are independent contractors and use their personal vehicles, Lyft accident lawsuits are different than those involving commercial vehicles such as buses or taxi services.
A Lyft accident case presents unique challenges in showing who is required to pay accident victims for their injuries. […]
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