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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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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Allentown Drowsy Driving Accident Lawyer
If you or a loved one were injured following an accident with someone you suspect to have been driving drowsy, you should contact an experienced attorney. You may be entitled to compensation for your medical expenses, the physical damage done to your vehicle, and more. The Allentown drowsy driving accident lawyers at Munley Law know how to get you the compensation you need to recover from your injuries. For 65 years, car wreck victims in the Allentown area have come to Munley Law, where our team of Allentown car accident attorneys consistently ranks among the Best Lawyers in America. We have earned the highest possible client satisfaction rankings and are board-certified by the National Board of Trial Advocacy. And we’re ready to fight for you.
Compensation Available Following a Drowsy Driving Accident in Allentown
Physical Injuries and Medical Expenses: Physical injuries can include cuts and other lacerations, […]
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Fatal Truck Accidents in Scranton, PA
If you have lost someone in your life due to a truck accident, you have the right to both justice and fair compensation. While our Scranton truck accident lawyer at Munley can’t undo the pain you’ve experienced, we can fight on your behalf to ensure you secure the damages you deserve. Don’t hesitate–contact our Scranton truck accident lawyer today for a free initial case evaluation. We are ready and waiting to take your call.
Common Causes of Fatal Truck Accidents in Scranton
As with all car accidents, many factors can lead to a fatal truck accident. Some of the most common causes of fatal truck accidents in Scranton, PA include:
- Distracted Driving
- Reckless Driving
- Driving Under the Influence
- Poor Weather Conditions
- Mechanical Failure
- Overloaded Trailers
- Negligence from the Trucking Company
- And more
As you can see, […]
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Scranton Lyft Accident Lawyer
If you or a loved one has been injured in a Lyft accident in the Scranton area, our Scranton Lyft accident attorneys are here to help. At Munley Law, we have extensive experience taking on Lyft accident cases and securing injury victims the justice and compensation they deserve. Moreover, we are experts regarding the ins and outs of Pennsylvania law; we have been practicing here for more than six decades.
Don’t hesitate to contact us today for a free consultation and to learn how we can protect your interests.
The Common Causes of Lyft Accidents in Scranton, PA
Like with all car accidents, Lyft accidents can be caused by many factors. Often, it’s a combination of factors that leads to a collision. But across the board, some common causes usually contribute to an accident involving a Lyft vehicle.
- Distracted driving. […]
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Scranton Slip and Fall Lawyer
If you slipped and fell due to a hazard on someone else’s property, a Scranton slip and fall attorney at Munley Law can help. Scranton property owners must keep their property safe for patrons and visitors. Hazards that cause someone to slip, trip, or fall can cause serious injuries. These kinds of accidents can happen on private property, in a public place, or a commercial business. Regardless of where it occurs, landlords and property managers can be held responsible for serious injuries on their property.
Our slip and fall accident lawyers can help. Contact us today to schedule a free consultation.
Why You Need a Scranton Slip and Fall Attorney
If your injuries are severe, require medical treatment, and will leave you with any additional damages, such as lost wages, it is best to meet with a slip and fall lawyer in Scranton to learn more about your options. […]
