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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Pittsburgh Medical Malpractice Lawyer
Get a Pittsburgh medical malpractice lawyer who will fight for you
When we put our lives in the hands of a doctor or medical professional, we trust they will do their best. Unfortunately, medical errors happen too often in Pittsburgh. Many times, a mistake is just that — a mistake. However, if the medical malpractice was caused by a negligent doctor, nurse, or other medical professional which resulted in further harm to you or a loved one, you have the right to take legal action. To take the first step towards getting your life back, schedule a free consultation with a medical malpractice lawyer at Munley Law today.
We know a lot of medical lawyers talk the talk, but there is only one law firm that wins the way we do. Our firm was founded in 1959 with a simple mission: to fight for justice for all accident victims and never back down against the “big guys.” For the last 60 years, […]
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Pittsburgh Motorcycle Accident Lawyer
You need a Pittsburgh motorcycle accident lawyer who will fight for you
Pennsylvania is home to nearly 800,000 registered motorcycle riders. Unfortunately, there were more than 230 motorcycle crashes in Allegheny County alone. With less protection than that of a car or truck, motorcycle riders often suffer severe injuries when they’re hit by a car or involved in a crash. When that occurs, you will need the help of an experienced attorney in Pittsburgh to help you get compensation for your injuries while you concentrate on your recovery.
If you or someone you love suffered a catastrophic motorcycle crash, you need an attorney from Munley Laws Pittsburgh Personal Injury Attorneys, who will deliver for you. If you’re ready to see the difference the Munley Law Personal Injury Attorneys can make in your case, schedule your free consultation today.
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If your child suffered a birth injury due to medical negligence, contact the Philadelphia birth injury lawyers at Munley Law Personal Injury Attorneys for a free consultation
As an expecting parent, you entrust medical professionals with the most important thing in the world – the health and safety of your new baby. Unfortunately, tens of thousands of babies suffer birth injuries every year. If your child suffers an injury due to medical error or negligence, we are here for you.
Philadelphia boasts some truly excellent hospitals and healthcare facilities. But, medical errors can happen anywhere. A Philadelphia birth injury lawyer at Munley Law Personal Injury Attorneys will fight for your family. We hold the negligent person(s) accountable, and ensure that you get appropriate compensation for your child’s past and future medical treatment, therapy, pain and suffering, and other unforeseen losses. […]
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Pittsburgh Catastrophic Injury Lawyer
A Catastrophic Injury Lawyer in Pittsburgh Will Fight For You
Every day, innocent people in Pittsburgh cross paths with negligent individuals or companies and suffer serious injuries. A catastrophic accident can cause injuries that can take months to recover from or leave you permanently disabled. Catastrophic injuries can disrupt your life and your family’s. When innocent people get hurt because of someone else’s negligence, the negligent party should pay for the damage they caused. A personal injury lawsuit can help you recover the compensation you need to rebuild your life and move forward. For personal injury cases involving catastrophic injuries, it’s important to have the right lawyer.
The Pittsburgh catastrophic injury lawyers at Munley Law have been representing Pennsylvanians since 1959. We have successfully recovered millions of dollars in compensation for victims of catastrophic car and truck crashes, medical mistakes, […]
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Philadelphia Construction Accident Lawyer
Now more than ever, construction sites are popping up around Philadelphia. While that is good news for the City’s development, it also comes with risks. Almost 1,000 construction workers died on the job in 2021, and in 2020, there were 213.3 nonfatal accidents per 10,000 construction workers. Indeed, construction workers have one of the top ten most dangerous jobs in the United States. Be it a fall, falling object, electrocution, or an accident involving workplace tools, construction sites are dangerous.
If you or a loved one has been injured on a construction site, you should contact an experienced Philadelphia construction accident attorney about your options. Together, we can make sure you recover the financial compensation necessary to move forward.
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