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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Who is Usually At Fault in a Bicycle Accident in Philadelphia?
Cycling can be a fun and eco-friendly way to get around Philadelphia, but it has risks. Unfortunately, bike accidents are all too common in the city, and determining who is at fault can be complex and often contentious. You will need the help of a Philadelphia bicycle accident lawyer to ensure you receive compensation for your injuries.
While each case is unique, certain factors tend to influence the determination of fault in a bicycle accident.
Who is Liable for Bicycle Accidents in Philadelphia?
Liability is the legal responsibility for an action or event that causes harm or damage. In other words, the obligation is to make things right or compensate for any loss or harm caused. In the context of personal injury or accidents, liability refers to who is responsible for the damages, injuries, or financial losses resulting from the incident. […]
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If I Was Injured By a Lyft Driver in Easton, What Should I Do?
If a Lyft driver in Easton injured you, you first need to check for injuries, call 911, and seek medical assistance immediately; then, contact an Easton Lyft accident lawyer to protect your rights and start the claims process.
Don’t handle the claim on your own. Contact Munley Law for a free consultation.
What Should I Do if I Get Hit by a Lyft Driver?
Rideshare companies like Lyft are a great way to navigate a new city, get to medical appointments, reach a destination, and safely return home after a night out in the Lehigh Valley. Still, accidents can happen anywhere to anyone—including Lyft drivers.
Whether you were a passenger in a Lyft vehicle or involved in a pedestrian, bike, or other vehicle accident involving a Lyft driver, you might have questions about what to do next.
Being in any car accident can be a traumatic experience. […]
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Erie Pedestrian Accident Lawyer
Pedestrian accidents can be harrowing. When a vehicle collides with an unprotected pedestrian, the pedestrian is at a higher risk of serious injury. Common injuries from these accidents include broken bones, spinal cord injuries, and, in the worst of cases, even wrongful death. If you or a family member has endured an accident of this nature, or if you’ve experienced the absolute tragedy of having a family member killed in a pedestrian accident, it’s important to remember that you have rights. Working with an experienced Erie pedestrian accident lawyer who can assist you in seeking compensation and holding the at-fault party (or at-fault parties) responsible is almost always your best path forward.
Should I Hire a Pedestrian Accident Attorney in Erie, PA?
If you or a loved one has sustained pedestrian accident injuries, you may be wondering whether you need to work with a lawyer. […]
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Erie Lyft Accident Lawyer
Logging into the Lyft app to get a ride home has become a convenient and safer way for residents and visitors of Erie to get to and from their destinations. However, the increased use of rideshare programs like Lyft and Uber have also caused an increase in Lyft accidents. If you or a loved one were injured in a rideshare vehicle or involved in a collision with a rideshare driver, call the Erie Lyft accident lawyers of Munley Law.
Our rideshare accident attorneys can help you navigate the claims process when you are involved in a wreck with a Lyft driver.
Why Do You Need a Lyft Accident Attorney?
Like any personal injury claim, you never have to hire an attorney. However, going through the legal process alone can prevent you from getting the compensation you need for your injuries.
With a Lyft car accident lawyer, […]
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Erie Car Accident Lawyer
Car accidents are an unfortunate part of life. However, that doesn’t mean you must deal with the aftermath alone. When you’ve been hurt in a car accident because of another driver’s negligence, you need an Erie car accident lawyer from Munley Law.
For decades, we have represented personal injury victims across Pennsylvania, including those in Erie County. Call Munley Law for a no-obligation, free consultation.
Do I Need to Hire an Erie Car Accident Attorney?
You are not legally required to hire an Erie car accident attorney for your claim, but there are benefits to doing so. With an experienced attorney, you can rest assured knowing that you are following the legal process precisely as you should, maximizing your total compensation.
Complex Cases Call For Experienced Car Accident Lawyers
While some car accidents are straightforward, such as a minor fender-bender at a red light, […]
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