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
Who Can Be Held Responsible for an Uber Accident in Easton, PA?
Determining liability in an Uber accident can be complex, especially considering the different phases of the Uber app and the involvement of multiple parties. An experienced Easton Uber accident attorney, such as Munley Law, can assess the facts of your case, identify all potentially liable parties, and help you pursue fair compensation for your injuries and damages.
More than a million Uber drivers are on the road in the U.S. at any given time. Uber accidents can occur when you are riding in an Uber vehicle as a rideshare customer or struck by an Uber vehicle while walking or driving your car, motorcycle, or bike.
We can navigate the legal process on your behalf, negotiate with insurance companies, and, if necessary, represent you in court to protect your rights.
Can More Than One Party Be Responsible For My Easton Uber Accident? […]
Read MoreMore information about Negligence
Pittsburgh Slip and Fall Lawyer
Obtaining Justice for Slip, Trip, and Fall Victims in Pennsylvania
Slip and fall accidents are one of the most common types of personal injury cases. Over 8 million emergency room visits every year can be attributed to slips and falls. These premises liability accidents can happen anywhere, at any time, with no warning.
Property owners, businesses, and residents must keep a property free of slip and fall hazards. When they fail in this duty, the resulting hazardous conditions can lead to serious, life-altering injuries. If you have suffered from a slip and fall accident on another’s property due to their negligence, you deserve compensation.
At Munley Law, our Pittsburgh personal injury attorneys have helped people in Pittsburgh and throughout Pennsylvania for over six decades. We aren’t afraid to fight property owners and big businesses who try to escape their responsibilities and duties to their patrons. […]
Read MoreMore information about Negligence
Pittsburgh Nursing Home Abuse Lawyer
Pittsburgh Nursing Home Neglect Attorneys Obtaining Justice for Seniors and Their Families
Nursing homes are meant to be strictly regulated. Staff in assisted living facilities and nursing homes must protect their residents and preserve their dignity. When you trust your loved one to a professional or facility, you expect them to be properly cared for and safe.
However, abuse in nursing homes and assisted living facilities happens every day. In 2020, nursing home ombudsmen throughout the United States saw over 15,000 complaints related to abuse or neglect. These are just the incidents that are reported, however. Elderly residents are often unable or hesitant to report abuse, and family members can miss some common nursing home abuse signs.
If you suspect your loved one is facing abuse or neglect in their nursing home or facility, speak with a Pittsburgh personal injury attorney. […]
Read MoreMore information about Negligence
Pittsburgh Bus Accident Lawyer
Were You Involved in a Bus Accident in Pittsburgh? Let Munley Law Help
Travel by bus is a popular and widely used mode of transportation throughout the country. Buses offer several advantages, including affordability, accessibility, and the environmentally friendly ability to carry a large number of passengers all at once.
Despite the benefits, as with all vehicles, buses are not immune to accidents. Furthermore, due to their size and the potential number of people traveling on a bus, the consequences of a bus accident can be devastating.
If you or a loved one sustained injuries in a bus accident in Pittsburgh, call our experienced bus accident attorneys at Munley Laws Pittsburgh Personal Injury Attorneys to discuss your options. Our team of bus injury lawyers possesses significant expertise in handling bus accident cases, and we have successfully represented clients against major bus companies throughout the country. […]
Read MoreMore information about Negligence
Pittsburgh Premises Liability Lawyer
If You Were Injured at Someone’s Home, Business or Property in Pittsburgh, Take Action with a Liability Claim
To get the compensation you deserve, contact a leading Pittsburgh premises liability lawyer today. Under Pennsylvania law, property and business owners must make their premises safe for customers and visitors. However, every year, millions of Americans slip, fall, or suffer other injuries because of unsafe conditions on other people’s properties. If you or someone you love suffered injuries from an accident at a home, store, or business, you need an award-winning Pittsburgh personal injury lawyer. You need Munley Law Personal Injury Attorneys. If you are ready to let a Munley Law Personal Injury Attorneys lawyer fight for MAXIMUM COMPENSATION for your injuries, schedule your FREE consultation today.
At Munley Law Personal Injury Attorneys, we are an award-winning law firm with deep Pennsylvania roots
In 1959, […]
Read More
