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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Allentown Tractor Trailer Accident Lawyer
If you or a loved one has been involved in a tractor trailer crash, you need an experienced Allentown tractor trailer accident lawyer to ensure that you hold the driver and tractor trailer company responsible and receive adequate compensation for the serious injuries you may have sustained. Contact Munley Law for a free consultation. Our Allentown trucking accident attorneys have been helping victims of tractor trailer accidents for 65 years. There is no fee until we win your case.
What Makes Our Allentown Tractor Trailer Accident Lawyers Unique
Munley Law Personal Injury Attorneys has been defending victims of tractor trailer accidents for more than 60 years. In that time, the firm has built a national reputation as the #1 firm in the country in this area, known for fighting hard to get clients the results they deserve.
Munley is the only law firm in the United States with two attorneys who have served as chair of the American Association for Justice Trucking Litigation Group–Daniel Munley (2011-2012) and Marion Munley (2018), […]
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Allentown Wrongful Death Lawyer
If you’ve lost a loved one in Allentown due to someone else’s negligence, an experienced and compassionate Allentown wrongful death lawyer can help. The Allentown wrongful death attorneys at Munley Law will hold the negligent party accountable. We understand what a difficult time this is. In addition to your grief, you may face sudden financial burdens and an uncertain future. Let our wrongful death law firm handle the legal process so that you can mourn your loved one with peace of mind.
Contact Munley Law today to schedule a free consultation. There is no fee until we win your accident case.
Definition of Wrongful Death Lawsuits in Allentown
When another person or organization’s negligent or careless conduct results in the death of your loved one, you may have an allentown wrongful death case. […]
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What Is the Difference Between Medical Errors and Medical Negligence in Allentown?
While sometimes used interchangeably, medical errors and medical negligence hold distinct meanings in law and medicine. A medical error might be an unintended act or omission, whereas negligence is a deviation from standard care that a reasonable healthcare provider would adhere to in similar circumstances. Both can have profound consequences on patient outcomes and warrant a thorough exploration to comprehend their implications fully.
At Munley Law, we’ve witnessed firsthand the turmoil and distress families undergo when confronted with the repercussions of medical mishaps. Our commitment extends beyond legal representation; we steadfastly provide a compassionate, understanding, and supportive environment for those grappling with such challenging situations. If you were injured by medical negligence in Allentown, we’re here to help. Contact our Allentown medical malpractice lawyers today to schedule a free consultation.
Understanding Medical Errors in Allentown, PA
Medical errors refer to unintended acts or omissions in the planning or executing medical care. […]
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Carbondale Personal Injury Lawyer
If you have been injured in an accident in Carbondale, PA, it is important to know that you have the right to take legal action against those who harmed you. You do not have to suffer silently as medical bills, lost wages, and other expenses pile up around you. Turn to the team that so many people in Lackawanna County have turned to for help with their personal injury claims: the Carbondale personal injury lawyer at Munley Law Personal Injury Attorneys.
We are proud to serve the people of Pioneer City. For 65 years, our personal injury lawyer has been handling all types of personal injury cases right here – from car accidents to workers’ compensation claims. We have a law office in downtown Carbondale to help our clients so they don’t have to travel. We are not some firm from out-of-state; we are your neighbors and your friends, […]
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Allentown Birth Injury Lawyer
Our Allentown birth injury lawyers are dedicated to advocating for families affected by medical negligence during childbirth. With 65 years of experience in medical malpractice law, we understand the devastating impact that birth injuries can have on both the child and the family. Our team combines in-depth medical knowledge with legal expertise to build strong cases against negligent healthcare providers. We are committed to securing the compensation your family needs to cover ongoing medical care, therapy, and support services.
Contact the birth injury attorneys at Munley Law today to schedule a free consultation. There is no fee until we win your case.
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Many infant birth injuries can be direct results of medical negligence either during the pregnancy, labor, delivery, or even after the birth itself. For instance, a doctor or medical professional may forget to run important tests, […]
