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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Cancer Misdiagnosis Claims in Wilkes-Barre, PA
Cancer is one of the “big three” categories that account for nearly half of all serious misdiagnosed illnesses in Wilkes-Barre, Pennsylvania, and across the United States. A cancer misdiagnosis can delay cancer treatment, allowing the
cancer to spread unknowingly in the patient. As we all know, this can significantly reduce the patient’s chances of survival.
If you or your loved one were a victim of medical malpractice where your cancer worsened due to a misdiagnosis, you may have a valid medical malpractice claim. At Munley Law, a Wilkes-Barre cancer misdiagnosis lawyer will investigate your case, determine the liable parties, and hold the responsible medical professionals accountable. Call today for a free consultation with an experienced Wilkes-Barre medical malpractice lawyer who will offer legal advice and work around the clock to recover the compensation you deserve.
Cancer Misdiagnosis and Medical Malpractice in Wilkes-Barre
According to the Centers for Disease Control and Prevention (CDC), […]
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Hospital Negligence Cases in Scranton
As a patient, you have the right to expect your medical provider and surrounding medical professionals to uphold the expected standard of care. Anything below that standard is considered medical negligence. If the patient is injured due to that negligence, then they may have a legitimate claim for medical malpractice. It’s as simple as that.
If you were the victim of hospital negligence in Scranton, Pennsylvania, and were injured as a result, contact the Munley Law Scranton medical malpractice lawyers. Our experienced attorneys will hold the negligent hospital and employees accountable for their actions and pursue fair compensation on your behalf.
What Constitutes Hospital Negligence in Scranton?
Hospital negligence is a failure by the hospital or hospital staff to meet the expected standard of care for its patients. These failures may include:
- Inadequate staffing
- Poor sanitation
- Failure to maintain medical equipment
- Lack of informed consent
What is the difference between hospital negligence and medical malpractice? […]
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Harrisburg Premises Liability Lawyer
When shopping, visiting friends, or eating at a restaurant in Central Pennsylvania, one of the last things on your mind is getting injured. But, as we know, accidents can happen. When they do, it’s important to know your rights, mainly if the
injury occurs on someone else’s property.
In Harrisburg, premises liability law protects you when property owners fail to maintain a safe environment.
Were You Injured on Someone Else’s Property?
Imagine visiting a hotel lobby, and as you walk through, you step on a loose tile that hasn’t been fixed or marked as a hazard. You lose your balance and fall, breaking your leg. This scenario falls under premises liability, a legal concept that holds property owners responsible for injuries that occur on their property due to dangerous conditions.
If you’ve been hurt on someone else’s property, […]
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Harrisburg Lyft Accident Lawyer
As the victim of a Lyft accident in Harrisburg, Pennsylvania, you may be feeling overwhelmed and unsure of your next
steps. The legal aftermath of a rideshare accident can be complicated, but you certainly don’t have to do it alone.
At the law firm of Munley Law, our team of dedicated Harrisburg Lyft accident attorneys is here to help you understand your rights and options. We know how these accidents can turn your life upside down, and we’re committed to helping you get the fair compensation you deserve.
Understanding Lyft Accidents in Harrisburg
Understanding Lyft accidents means knowing how they differ from regular car accidents. Rideshare accidents involve more parties, like the company and its insurance policies. It also matters if the Lyft driver was on duty at the time. This affects which insurance will cover the damages. […]
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Harrisburg Uber Accident Lawyer
Rideshare apps are growing in popularity, and Uber is no exception. In 2024, it is estimated that Uber has 131 million monthly users. While rideshare companies boast the safety benefits of utilizing their services, these drivers are still at
risk for motor vehicle accidents. Knowing your legal rights is critical for passengers in an Uber or other drivers involved in the collision. If you were injured in an Uber accident in Harrisburg, call the Harrisburg Uber accident attorneys of Munley Law.
We Represent Victims of Uber Accidents in Harrisburg
According to the 2021-2022 Uber Safety Report, 153 people died in Uber-related crashes and many more were seriously injured.
At Munley Law, we represent Uber accident victims who have suffered injury. Our Harrisburg personal injury lawyers guide victims and their families through the legal process, including handling negotiations with the insurance company. […]
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