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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Wilkes-Barre Uber Accident Lawyer
If you or a loved one were injured in an Uber car accident, or if a family member was killed, contact an experienced Wilkes-Barre Uber accident lawyer at Munley Law Personal Injury Attorneys for a free, no-obligation consultation as soon as possible. We are ready to discuss the circumstances of the accident and help you understand your legal options.
How A Wilkes-Barre Uber Accident Attorney Can Help
Uber considers itself a technology company, not a transportation company, so it maintains only minimal insurance for its drivers. Typically, Uber provides only one million dollars of insurance coverage for its drivers. While this may seem like a lot of money, if you or a loved one have suffered severe injuries as a result of an Uber car accident, your costs for medical bills, rehabilitation, lost wages, and other expenses may be significantly more than this amount. […]
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Wilkes-Barre Tractor Trailer Accident Attorney
The Wilkes-Barre tractor trailer accident attorneys at Munley Law Personal Injury Attorneys have a history of winning tractor trailer accident cases in Northeast Pennsylvania and beyond. We represent injured drivers, passengers, truckers, motorcycle riders and pedestrians. Call, chat now or submit our online form for a free review of your case.
If you hire a Wilkes-Barre tractor trailer accident attorney at Munley Law Personal Injury Attorneys you will have no upfront costs. We work on contingency and we don’t get paid until we win your case. We handle all out-of-pocket expenses so that cost will never stand in the way of your recovery.
How A Wilkes-Barre Tractor Trailer Accident Lawyer Can Help
An at-fault trucking company or their insurer will try to quickly and cheaply settle your case. They are motivated to move fast before you have found the right legal representation. […]
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Dunmore Personal Injury Lawyer
Are you hurt in a Dunmore, Pennsylvania accident? You may feel overwhelmed and unclear about what to do after a car accident, slip and fall, or other type of accident. Physical pain, increased medical expenditures, and lost pay are stressful. Don’t face this alone. A qualified Dunmore personal injury lawyer can represent you and help you navigate the legal procedure. They can explain your rights, gather evidence, negotiate with insurers, and get you reimbursement.
What Are the Types of Personal Injury Claims in Dunmore?
Personal injury law, which is also called tort law, is the area of law that deals with injuries that an individual may sustain because of someone else’s carelessness or action. The goal is to make people whole again after someone else’s crime hurts them physically, emotionally, or financially.
Common types include:
- Car Accidents: These collisions often involve cars, […]
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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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East Stroudsburg Personal Injury Lawyers
Whether you’ve been involved in a car or motorcycle accident or experienced medical malpractice such as a surgical error, you might be overcome with the many new challenges you now have to deal with. The physical toll your injury has taken on you and your family, the mounting medical bills, and lost wages due to missed work, coupled with trying to understand your legal rig,hts can become overwhelming. If you have tragically lost a loved one, you might be considering a wrongful death case, but you don’t know where to begin.
At Munley Law, we’ve been fighting for personal injury victims since 1959, earning national recognition for our expertise in personal injury litigation. Our attorneys have been named among the Best Lawyers in America, Pennsylvania Super Lawyers, and are board certified by the National Board of Trial Advocacy. Our proven track record has secured numerous multi-million dollar settlements and verdicts for our clients. […]
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