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
Scranton Catastrophic Injury Lawyer
Catastrophic injuries can have a life-changing effect on both an individual and their entire family. The inability to work and other physical and mental limitations can be crippling financially and emotionally. When the negligence of another causes a catastrophic injury, you may be able to pursue compensation for your injuries. An experienced Scranton catastrophic injury lawyer can help you obtain the compensation you need to care for yourself and your family while you recover from your devastating injuries.
After a catastrophic injury, you probably have many questions. Let a Scranton catastrophic injury lawyer at Munley Law Personal Injury Attorneys help in any way we can. Call, chat, or fill out our contact form for a FREE and confidential consultation. We do not collect a fee for our services unless we win your case.
What is a Catastrophic Injury?
A catastrophic injury is considered a physical injury or illness that has a life-altering impact on the accident victim. […]
More information about Negligence
Scranton Brain Injury Lawyer
A traumatic brain injury (TBI) can have devastating and life-altering consequences for victims and their families. TBI is caused by a bump, blow or jarring of the head that disrupts normal brain function. The victim of a TBI may need life-long medical care and be left unable to work. Life may never be the same. When someone’s negligence results in an accident that causes a TBI, the injury victim needs to hire an experienced Scranton brain injury lawyer to help with their claim.
The Common Causes of Scranton Traumatic Brain Injuries
The common causes of traumatic brain injuries are slip and fall, auto accidents, workplace accidents, medical malpractice, and sports injuries.
Falls – Falls are the leading cause of TBI in the U.S. Slip and falls at work, […]
Read MoreMore information about Negligence
The Chances of Getting Into a Motorcycle Crash in Philadelphia
Riding in Philadelphia can be especially risky for motorcyclists. The city has notoriously dangerous roads like the Schuylkill Expressway, the Blue Route, Broad Street, and Roosevelt Boulevard. With one of the highest traffic fatality rates for its size, Philadelphia sees a significant number of motorcycle crash fatalities. Philadelphia motorcyclists face greater risks of injury and wrongful death due to congested roads, poor road conditions, aggressive traffic dynamics, and negligent driving.
Our motorcycle accident lawyers at Munley Law Personal Injury Attorneys have over 65 years of experience. We understand Pennsylvania traffic laws and how insurance companies work. Our Philadelphia motorcycle accident attorneys have achieved significant settlements and awards for our clients, earning national recognition. Contact us today for a free consultation, and let us fight for the compensation you deserve.
Pennsylvania Motorcycle Accident Statistics
According to the Pennsylvania Department of Transportation (PennDOT, […]
Read MoreMore information about Negligence
Pittsburgh Pedestrian Accident Lawyer
Despite advances in safety technology and awareness, pedestrian accidents continue to occur at alarming rates. These accidents are avoidable. When a pedestrian is hit by a car in downtown Pittsburgh or anywhere in the city, the consequences can be life-threatening. The faster the vehicle is moving, the more severe the injuries will be. If you were injured in a pedestrian accident, you will likely be facing significant medical costs, missed time from work, and an uncertain financial future.
As the victim of someone else’s negligent behavior, you shouldn’t have to face these costs on your own. A Pittsburgh personal injury lawyer from Munley Law can help you obtain the compensation you need to recover from your injuries and be made whole again.
If you or someone you love was struck by a vehicle in Pittsburgh, the pedestrian accident lawyers at Munley Law Personal Injury Attorneys are available to speak with you. […]
Read MoreMore information about Negligence
How Much Compensation Can I Get for a Philadelphia Pedestrian Accident?
If you or a loved one have an injury from a Philadelphia pedestrian accident, medical care and expenses can
accumulate quickly. Injured pedestrians have no physical protection when struck by a moving vehicle, and severe injuries are usually the unfortunate outcome. In the most devastating scenarios, a wrongful death leaves families grappling with expenses while mourning their loss.
Insurance companies will offer minimal settlements early to motivate quick turnarounds and to avoid higher payouts. Do not agree to any settlement without consulting an accident attorney; any monies accepted make future negotiations off the table. Contact an experienced Philadelphia pedestrian accident lawyer at Munley Law for your free case evaluation to help assess the value of your claim.
Damages that May Be Recovered in a Pedestrian Accident
According to the National Institutes of Health (NIH), […]
Read More
