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
More information about Negligence
Harrisburg Lyft Accident Lawyer
As the victim of a Lyft accident in Harrisburg, Pennsylvania, you may be feeling overwhelmed and unsure of your next
steps. The legal aftermath of a rideshare accident can be complicated, but you certainly don’t have to do it alone.
At the law firm of Munley Law, our team of dedicated Harrisburg Lyft accident attorneys is here to help you understand your rights and options. We know how these accidents can turn your life upside down, and we’re committed to helping you get the fair compensation you deserve.
Understanding Lyft Accidents in Harrisburg
Understanding Lyft accidents means knowing how they differ from regular car accidents. Rideshare accidents involve more parties, like the company and its insurance policies. It also matters if the Lyft driver was on duty at the time. This affects which insurance will cover the damages. […]
Read MoreMore information about Negligence
Harrisburg Uber Accident Lawyer
Rideshare apps are growing in popularity, and Uber is no exception. In 2024, it is estimated that Uber has 131 million monthly users. While rideshare companies boast the safety benefits of utilizing their services, these drivers are still at risk for motor vehicle accidents. Knowing your legal rights is critical for passengers in an Uber or other drivers involved in the collision. If you were injured in an Uber accident in Harrisburg, call the Harrisburg Uber accident attorneys of Munley Law.
We Represent Victims of Uber Accidents in Harrisburg
According to the 2021-2022 Uber Safety Report, 153 people died in Uber-related crashes and many more were seriously injured.
At Munley Law, we represent Uber accident victims who have suffered injury. Our Harrisburg personal injury lawyers guide victims and their families through the legal process, including handling negotiations with the insurance company. […]
Read MoreMore information about Negligence
Bloomsburg Medical Malpractice Lawyer
We trust healthcare providers to care for us when we are at our lowest. While most provide exceptional medical care,
there may be situations where patients wonder what went wrong. Unfortunately, medical errors happen, leaving victims with more complications than they had in the first place.
If you or a loved one suffered from medical negligence in Columbia County, call the Bloomsburg medical malpractice lawyers of Munley Law. Our personal injury attorneys have decades of experience representing clients with complex medical malpractice claims and have taken on some of the area’s biggest hospitals and healthcare facilities. From day one, we will fight on your behalf to secure the justice and compensation you deserve. Submit a contact form today to connect with us for a free medical malpractice case review.
Trusted Medical Negligence Lawyers in Bloomsburg
Pennsylvania had the third-highest payout rate for medical malpractice claims in 2022, […]
Read MoreMore information about Negligence
Towanda Personal Injury Lawyer
Accidents happen daily, but that doesn’t mean the victims should shoulder the financial burdens of someone else’s negligence. Serving Towanda, the personal injury lawyers of Munley Law handle a wide range of accident claims,
helping victims recover compensation for their medical bills, lost wages, property damage, pain and suffering, and more. With a commitment to quality client service, our lawyers handle the most complex cases and represent injured victims.
With multi-million dollar recoveries for clients, Munley Law is the firm to call when you’re injured. Call today for a no-obligation consultation.
Towanda Personal Injury Cases Our Attorneys Handle
Our comprehensive, full-service law firm handles the following personal injury cases in Towanda.
Car Accidents
In 2022, the Pennsylvania Department of Transportation reported over 500 car accidents in Bradford County alone. With auto accidents being so common, […]
Read MoreMore information about Negligence
Hospital Negligence Lawyer
Whether you’ve been hurt in an accident, are receiving specialized treatment, or are sick, being in a hospital can be a stressful experience. We trust medical professionals to provide the best standard of care, yet hospital negligence
happens. Be it inadequate hospital staff, rushed doctors, or unsanitary conditions, if your hospital stay ends in more issues, you deserve justice. That’s where the hospital negligence lawyers of Munley Law come in.
For decades, our medical malpractice attorneys have fought for the fair treatment of the sick and injured. Allow our experienced attorneys to review your case and get you the compensation you deserve.
Call the hospital negligence lawyers of Munley Law today for a no-obligation, free consultation.
What Is Hospital Negligence?
Hospital negligence is a form of medical malpractice where a hospital employee–a nurse, […]
Read More
