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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Allentown Premises Liability Lawyer
An Allentown premises liability lawyer can help if you’ve been injured due to unsafe conditions on someone else’s property. Property owners are responsible for keeping their properties safe and adequately maintained for visitors and patrons. If a property owner is aware of a dangerous condition, they also must warn people about the potential hazards. The Allentown premises liability attorneys at Munley Law represent those injured due to hazardous conditions at someone else’s home or business. If negligence contributed to your injury, we can help you recover the compensation owed under the law.
Chat live, fill out our email form, or call today for a free consultation with an Allentown premises liability lawyer at Munley Law Personal Injury Attorneys. We do not get paid unless we win your case.
What a Premises Liability Lawyer in Allentown Can Do For You
If you or a loved one suffered an injury on someone’s property or place of business in Allentown, […]
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Fatal Truck Accidents in Allentown, PA
If someone in your life has been involved in a fatal truck accident, an Allentown fatal truck accident lawyer is here to help. Our experienced team will work around the clock, fighting on your behalf and ensuring you never feel alone. When a fatal truck crash occurs, everyone involved is affected, but no one more so than the victim and their family and loved ones. We cannot change this course of events, though we wish we could, but we can offer support and legal guidance as you seek justice.
You may wish to file a truck accident lawsuit, which we can explore together. When you work with an experienced truck accident lawyer in Allentown, you set yourself and your family up for success in achieving the justice and compensation you so very much deserve.
The Causes of Fatal Truck Crashes in Allentown, PA
According to the Federal Motor Carrier Safety Administration, […]
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Allentown Bicycle Accident Lawyer
More and more cities, Allentown included, are working to make traveling by bike easy, safe, and common. But what happens if you or a loved one is injured in a bike accident? It’s important that you contact an experienced Allentown bike accident attorney right away. The right attorney can help you recover compensation to cover your medical bills, damage to your bike, and more.
How Can An Allentown Bike Accident Attorney Help
The right bike accident attorney will always work to ensure your rights are protected in the wake of an accident.
Of course, lawyers are familiar with fighting bike accident cases in court. But, sometimes, the best option is to resolve a dispute well before a formal lawsuit.
Whether you’re fighting with an insurance company or an individual party involved in the accident, getting a lawyer involved early can help get the case resolved faster. […]
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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, […]
