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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Catastrophic Injury Lawyer
A personal injury is always an emotional and sometimes traumatic experience. But you need support when those injuries result in catastrophic, life-long consequences. The catastrophic injury lawyers of Munley Law have spent decades representing accident victims as they recover and learn to live with these severe injuries.
For a no-obligation, free case evaluation, contact the catastrophic injury attorneys of Munley Law today.
What Qualifies as a Catastrophic Injury?
As defined by 42 USC 3796b, a catastrophic injury is one that “permanently prevent(s) an individual from performing any gainful work.” Essentially, this means that the victim’s injuries are so severe that the standard personal injury case would not cover their long-term needs.
Medically, a catastrophic injury causes severe injury or damage to the spine and spinal cord, brain, loss of a limb, or
severe burns. These injuries require extensive medical care, […]
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Pittsburgh Lyft Accident Lawyer
For nearly a decade, Lyft has been a part of daily life for many Americans. It offers a way for people who can’t drive to get where they need to go, a means of getting home safely after a night of drinking, and much more. In 2022, it’s difficult to remember life before rideshare services such as Lyft, as these services have all but transformed the way we move through the world. But for all of its benefits, traveling with Lyft also poses certain dangers. Any time a vehicle enters the road, there is the possibility of a life changing accident, and the situation becomes far more complex when a powerful company such as Lyft is involved.
If you or a loved one has been in a Pittsburgh rideshare accident, you may be overwhelmed and unsure of how to proceed. How can you go up against a huge corporation in order to seek the justice you so deserve? […]
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Birth Injury Lawyers
A child’s birth should be a cause for celebration. But when negligent medical professionals cause your child to experience fetal distress, oxygen deprivation, or physical trauma, you have a right to take legal action.
The long-term costs for medical care for your child, along with the emotional trauma you’ve had to endure, can be a burden too significant to handle on your own. At Munley Law, we fight for the injured children and their families who suffered from a birth injury. Let our birth injury attorneys help you get the financial compensation you need for your baby.
What is a Birth Injury?
According to the National Library of Medicine, a birth injury is any damage to the newborn’s body due to an adverse event that occurred at birth. Birth injuries can occur at any point in the birthing process or during pregnancy. […]
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How Much Is My Pittsburgh Spinal Cord Lawsuit Worth?
Navigating a spinal cord injury can be a complex and life-altering journey. If you find yourself considering a lawsuit due to such an injury, understanding the potential value of your case becomes critical. This article will provide a comprehensive guide, helping you grasp the key factors that impact the financial worth of your claim. By learning about legal processes, defense strategies, and the role of expert testimony, you’ll gain a clearer picture of your situation.
Remember, each case is unique, so it’s always best to speak with a Pittsburgh spinal cord injury lawyer to learn all your legal options.
How Does a Personal Injury Claim Work?
Embarking on a personal injury lawsuit, such as one related to a spinal injury, can seem daunting. Essentially, these legal actions allow an injured person to seek compensation, also known as damages, from the party legally responsible for their injuries. […]
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Bicycle Accident Lawyer
If you’ve been injured in a bicycle accident, a dedicated bicycle accident attorney can help you through the legal process and seek the compensation you may be entitled to. Whether dealing with negligent drivers, unsafe road conditions, or defective equipment, bike accident lawyers understand the unique challenges cyclists face and will fight to protect your rights.
The expert bicycle accident lawyers at Munley Law have decades of experience representing injured cyclists and can provide the skilled representation you need to protect your right to fair compensation—contact them today for a free consultation.
Why You Need a Bicycle Accident Lawyer
A bike accident attorney will help an injured bicyclist receive fair compensation for injuries and damages. They understand the nuance of traffic laws, can negotiate with insurance companies on your behalf, and represent you in court if needed. The expertise of bicycle injury lawyers helps you focus on recovery while they handle the legal aspects, […]
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