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
Aviation Accident Lawyers
Statistically, you are more likely to be involved in a car accident than be injured in a plane crash. However, when plane crashes occur, the injuries tend to be severe and even fatal. Unlike car accidents, where only a few people may be involved in a collision, dozens of passengers and crew members may suffer when an aviation accident occurs.
At Munley Law, we work with victims and their families who have suffered tremendously after a plane or helicopter accident. We’ll take on the commercial airlines, airplane manufacturers, and negligent pilots to ensure you get the compensation you need to recover.
The Role of an Aviation Accident Lawyer
Studies show that there are 0.01 injuries per 100 million passenger miles traveled by air, compared with 48 injuries for
the same distance traveled in cars and trucks. Despite their rarity, […]
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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.
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, ensuring the rights of bike accident victims are protected, and that you get the support you need.
Common Causes of Bicycle Crashes
Common scenarios involving bicycle crashes often result from a combination of the following factors:
Distracted Driving
Distracted drivers are a significant cause of bicycle accidents due to negligent actions. […]
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Stroudsburg Catastrophic Injury Lawyer
If you have experienced a catastrophic injury, seeking legal representation from a Stroudsburg catastrophic injury lawyer is important. These types of injuries can have devastating physical, emotional, and financial consequences, and it is crucial to have an experienced attorney by your side to advocate for your rights and secure the compensation you deserve.
What is Personal Injury?
Personal injury is a broad term that encompasses many types of injuries and legal cases. A personal injury case involves injury to a person’s body, mind, or emotional well-being. For instance, after a car accident, a victim may have physical injuries, as well as mental or emotional injuries like PTSD, loss of enjoyment of life, and more.
When someone files a personal injury case because of an injury sustained, they are not claiming that the at-fault party necessarily violated a law. […]
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Erie Motorcycle Accident Lawyer
Motorcycle accidents can often result in catastrophic injuries. These vulnerable road users are 28 times more likely to be killed in a motor vehicle accident compared to other drivers and four times as likely to sustain an injury. Due to the size of a motorcycle compared to a standard passenger vehicle, these accidents often result in severe injuries, hefty medical bills, and mental anguish for the rider and their family. An Erie motorcycle accident lawyer will be needed to help you regain compensation for your injuries.
Motorcycle accident victims need protection. This is where Munley Law comes in. For decades, we have represented victims and their families in the most complex personal injury claims. Let us do the same for you. Call today to speak with one of our Erie motorcycle accident lawyers.
What Are the Common Motorcycle Accident Injuries?
Due to the size and weight differences of most cars and trucks on the roadways compared to a motorcycle, […]
