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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Scranton Uber Accident Lawyer
The Scranton Uber accident attorneys at Munley Law have been helping ridesharing accident victims get compensation throughout Lackawanna County. We understand how difficult these rideshare collision cases tend to be and that’s why we won’t settle for an offer that’s less than you are entitled to.
If you were involved in an Uber accident in Scranton, it’s in your best interest to contact our Scranton personal injury attorneys for a free, no-obligation consultation as soon as possible.
Who Can Be Held At Fault For a Rideshare Accident in Scranton?
Accidents involving Uber drivers create some confusing scenarios. It often takes a talented Scranton injury lawyer to define the details. Unlike an accident involving a taxi or bus, where the company may be held responsible for your accident, the financially responsible party and the applicable insurer may not always be prominent. […]
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Scranton Wrongful Death Attorney
If you suffered the loss of a loved one due to someone else’s negligence or recklessness, contact a Scranton wrongful death lawyer at Munley Law for a free consultation. We understand how difficult this time is and will offer any legal action you and your family need as you take the time to mourn the loss. We will answer your questions and help you determine your next steps. Chat live, fill out our contact form, or call today to speak to our death lawyers immediately about your loss. There is no fee unless we win your death case.
What is a Wrongful Death Lawsuit in Scranton?
“Wrongful death” refers to a loss of life that results from another person or organization’s negligent action. The purpose of a wrongful death claim is to hold the negligent party responsible for the harm they caused and to recover damages for surviving family members. […]
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Scranton Premises Liability Lawyer
Property owner is legally obligated to keep their property safe for visitors and patrons and adequately warn of any hazards. They can be held responsible if they fail to do so and someone gets hurt. If you injured someone else’s property due to unsafe conditions, your first call should be to a Scranton premises liability lawyer at Munley Law.
When you suffer a severe injury due to another person or company’s negligence, your choice of personal injury lawyer matters. You need someone with the experience and the resources to achieve the best results for your premises liability case. Munley Law has won millions of dollars in settlements and verdicts for our clients and has earned the highest client satisfaction ratings. Let our law firm handle the legal battle so that you can heal from your injury and focus on the things that matter most. […]
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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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Misdiagnosis Claims in Stroudsburg, PA
In Stroudsburg, PA, patients trust their healthcare providers to deliver accurate diagnoses that guide their treatment and recovery. However, when a medical professional fails to diagnose a condition correctly, the consequences can be
devastating, leading to unnecessary suffering, worsened health outcomes, or even life-threatening complications. If you or a loved one has been a victim of a misdiagnosis, you may be entitled to compensation.
With our deep understanding of Pennsylvania medical malpractice laws and a proven track record of success, our Stroudsburg medical malpractice attorneys are committed to fighting for your rights and securing the justice you deserve. Call today to schedule a free consultation.
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Getting the medical care you need to recover from an illness starts with an accurate diagnosis. Early and accurate diagnosis allows for timely medical intervention, […]
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