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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The Chances of Getting Into a Motorcycle Crash in Philadelphia
Riding in Philadelphia can be especially risky for motorcyclists. The city has notoriously dangerous roads like the Schuylkill Expressway, the Blue Route, Broad Street, and Roosevelt Boulevard. With one of the highest traffic fatality rates for its size, Philadelphia sees a significant number of motorcycle crash fatalities. Philadelphia motorcyclists face greater risks of injury and wrongful death due to congested roads, poor road conditions, aggressive traffic dynamics, and negligent driving.
Our motorcycle accident lawyers at Munley Law Personal Injury Attorneys have over 65 years of experience. We understand Pennsylvania traffic laws and how insurance companies work. Our Philadelphia motorcycle accident attorneys have achieved significant settlements and awards for our clients, earning national recognition. Contact us today for a free consultation, and let us fight for the compensation you deserve.
Pennsylvania Motorcycle Accident Statistics
According to the Pennsylvania Department of Transportation (PennDOT, […]
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Pittsburgh Pedestrian Accident Lawyer
Despite advances in safety technology and awareness, pedestrian accidents continue to occur at alarming rates. These accidents are avoidable. When a pedestrian is hit by a car in downtown Pittsburgh or anywhere in the city, the consequences can be life-threatening. The faster the vehicle is moving, the more severe the injuries will be. If you were injured in a pedestrian accident, you will likely be facing significant medical costs, missed time from work, and an uncertain financial future.
As the victim of someone else’s negligent behavior, you shouldn’t have to face these costs on your own. A Pittsburgh personal injury lawyer from Munley Law can help you obtain the compensation you need to recover from your injuries and be made whole again.
If you or someone you love was struck by a vehicle in Pittsburgh, the pedestrian accident lawyers at Munley Law Personal Injury Attorneys are available to speak with you. […]
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How Much Compensation Can I Get for a Philadelphia Pedestrian Accident?
If you or a loved one have an injury from a Philadelphia pedestrian accident, medical care and expenses can
accumulate quickly. Injured pedestrians have no physical protection when struck by a moving vehicle, and severe injuries are usually the unfortunate outcome. In the most devastating scenarios, a wrongful death leaves families grappling with expenses while mourning their loss.
Insurance companies will offer minimal settlements early to motivate quick turnarounds and to avoid higher payouts. Do not agree to any settlement without consulting an accident attorney; any monies accepted make future negotiations off the table. Contact an experienced Philadelphia pedestrian accident lawyer at Munley Law for your free case evaluation to help assess the value of your claim.
Damages that May Be Recovered in a Pedestrian Accident
According to the National Institutes of Health (NIH), […]
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State College Personal Injury Lawyers
If you or a loved one has been injured in State College because of an accident, a personal injury lawyer can help you make sense of your options. These legal experts specialize in helping people harmed by others’ negligence or misconduct.
Whether you were in a car accident, had a slip and fall, or were injured in another way, a State College personal injury attorney can guide you through the legal process. They’ll work to get you the compensation and support you deserve, allowing you to take the time to focus on your recovery. 
Personal Injury in State College
In State College, personal injuries can arise from various accidents. Car accidents, slip and falls, medical malpractice, and workplace injuries are common sources of insurance claims and lawsuits. Each case requires understanding the specific laws and regulations of State College. […]
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What is a Workplace Injury in Harrisburg, PA?
Harrisburg, the capital city of Pennsylvania, has a diverse employment landscape, from its bustling transportation hubs and manufacturing plants to administrative roles in government sectors. Despite safety measures, workplace injuries are not uncommon. A work related injury is defined as any harm or illness sustained due to job-related activities.
Such incidents can range from minor cuts or bruises to more severe traumas. Harrisburg residents, when facing the repercussions of such misfortunes, often find themselves in a complex works compensation claim. This inevitable adds extreme amounts of stress to an already-stressful situation.
In these trying times, it is essential for injured workers to understand their legal rights. The Harrisburg workers compensation lawyers at Munley Law have extensive knowledge of Pennsylvania law. Our attorneys will work to ensure that the injured workers’ rights are protected and they secure fair compensation for their work related injuries. […]
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