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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Reading Motorcycle Accident Lawyer
A Reading motorcycle accident lawyer is an essential advocate in the aftermath of a collision. Motorcyclists face unique challenges on the road, often encountering more significant risks than other vehicle operators. Their vulnerability to severe injuries and the complexities of accident liability make professional legal representation invaluable. When an accident occurs, the consequences can be life-altering, affecting the rider’s physical well-being, financial stability, and long-term quality of life.
Expert legal counsel is paramount in these situations. A skilled Reading motorcycle accident attorney from Munley Law navigates the intricacies of insurance claims, establishes fault, and vigorously pursues fair compensation. Their experience can significantly impact the outcome of a case, potentially transforming a hasty settlement into a comprehensive resolution. Insurance companies may attempt to minimize the extent of a rider’s suffering, but a dedicated accident lawyer recognizes the full spectrum of damages. From immediate medical expenses to long-term rehabilitation costs and lost wages, […]
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Hazleton Lyft Accident Lawyer
The experienced Hazleton Lyft accident attorneys at Munley Law Personal Injury Attorneys have been representing injured people in Hazleton and throughout Luzerne County since 1959. We have earned a reputation as some of the best personal injury attorneys in the industry, especially with cases involving transportation accidents and commercial vehicle insurance. We work tirelessly to make our communities safer by holding negligent drivers and commercial entities accountable when innocent people get hurt.
Contact Munley Law Personal Injury Attorneys for a free consultation if you or your family member were injured in a crash involving a Lyft driver in Hazleton. We will review your Lyft accident case details and advise you about what to do next. We only get paid when we win your case. We have an office location in Hazleton, and we offer virtual consultations as well.
How a Lyft Accident Attorney in Hazleton Can Help
Having the right lawyer on your side can be the difference between receiving the compensation you need to recoup your losses and rebuild your life with peace of mind, […]
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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, and even be typing in a route while driving. […]
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What Should I Do If I Get Hit by a Car While Walking?
Pedestrian accidents can cause serious injuries. Unlike drivers or passengers in cars, pedestrians have no protection from impact. This makes them more vulnerable in accidents. If you are hit by a car, you may be entitled to compensation for medical expenses, lost wages, and pain and suffering. It doesn’t matter who caused the accident; if you are hurt, you have the right to seek compensation. A skilled pedestrian accident attorney at Munley Law can help protect your right to the compensation you deserve. Regardless of who was at fault for the accident, victims deserve to be compensated for the pain and suffering they have endured. Experienced pedestrian accident attorneys with a winning track record, like those at Munley Law Personal Injury Attorneys, can help to ensure that your rights are protected and that you receive the compensation that you deserve and that you are entitled to.
Steps to Take if You Are Injured as a Pedestrian in a Car Accident
- Call the police; […]
