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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East Stroudsburg, PA 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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Hospital Negligence Claims in Wilkes-Barre, PA
Going to the hospital is scary. One of the few comforts is knowing that you’re in the hands of medical professionals whose job is to make you feel better. So, where do you turn when the medical care harms you?
Hospital and medical negligence is becoming more prevalent in Wilkes-Barre, Pennsylvania, and the United States. Hospitals are consistently understaffed, and the healthcare and insurance systems strain doctor-patient relationships. There is an increasing problem with systemic negligence in medical clinics, emergency departments, and hospitals. Hospital negligence leads to misdiagnosis, delayed diagnosis, medication errors, surgical errors, and more. The results may not be a reversible error and can be devastating to the patient.
If hospital negligence resulted in an injury or worsened illness, you have the right to pursue a medical malpractice lawsuit against the liable parties. Call the Munley Law Wilkes-Barre medical malpractice lawyers today for a free consultation. […]
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Cancer Misdiagnosis Claims in Wilkes-Barre, PA
Cancer is one of the “big three” categories that account for nearly half of all serious misdiagnosed illnesses in Wilkes-Barre, Pennsylvania, and across the United States. A cancer misdiagnosis can delay cancer treatment, allowing the
cancer to spread unknowingly in the patient. As we all know, this can significantly reduce the patient’s chances of survival.
If you or your loved one were a victim of medical malpractice where your cancer worsened due to a misdiagnosis, you may have a valid medical malpractice claim. At Munley Law, a Wilkes-Barre cancer misdiagnosis lawyer will investigate your case, determine the liable parties, and hold the responsible medical professionals accountable. Call today for a free consultation with an experienced Wilkes-Barre medical malpractice lawyer who will offer legal advice and work around the clock to recover the compensation you deserve. […]
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Hospital Negligence Cases in Scranton
As a patient, you have the right to expect your medical provider and surrounding medical professionals to uphold the expected standard of care. Anything below that standard is considered medical negligence. If the patient is injured due to that negligence, then they may have a legitimate claim for medical malpractice. It’s as simple as that.
If you were the victim of hospital negligence in Scranton, Pennsylvania, and were injured as a result, contact the Munley Law Scranton medical malpractice lawyers. Our experienced attorneys will hold the negligent hospital and employees accountable for their actions and pursue fair compensation on your behalf.
What Constitutes Hospital Negligence in Scranton?
Hospital negligence is a failure by the hospital or hospital staff to meet the expected standard of care for its patients. These failures may include:
- Inadequate staffing
- Poor sanitation
- Failure to maintain medical equipment
- Lack of informed consent
What is the difference between hospital negligence and medical malpractice? […]
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Harrisburg Premises Liability Lawyer
When shopping, visiting friends, or eating at a restaurant in Central Pennsylvania, one of the last things on your mind is getting injured. But, as we know, accidents can happen. When they do, it’s important to know your rights, mainly if the
injury occurs on someone else’s property.
In Harrisburg, premises liability law protects you when property owners fail to maintain a safe environment.
Were You Injured on Someone Else’s Property?
Imagine visiting a hotel lobby, and as you walk through, you step on a loose tile that hasn’t been fixed or marked as a hazard. You lose your balance and fall, breaking your leg. This scenario falls under premises liability, a legal concept that holds property owners responsible for injuries that occur on their property due to dangerous conditions.
If you’ve been hurt on someone else’s property, […]
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