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
Wilkes-Barre Workers Compensation Lawyer
The Wilkes-Barre workers compensation lawyers at Munley Law have protected the rights of injured workers throughout Wilkes-Barre for almost 65 years. Our attorneys have been recognized by some of the most prestigious legal organizations for their work in workers’ compensation, including Best Lawyers in America, LawDragon, SuperLawyers, and Best Law Firms. We hold board certifications and have the knowledge and resources to fight the insurance company. We do not collect a fee until you receive the compensation you deserve.
Don’t wait too long after a workplace accident to contact an experienced work injury attorney in Wilkes-Barre. Contact us today to schedule a free case evaluation.
When to Hire a Workers Comp Attorney in Wilkes-Barre, PA
When work-related accidents happen, workers compensation is meant to cover the medical expenses and compensate for your lost wages while you’re out of work. […]
More information about Negligence
Pedestrian Rights: Navigating Truck Accidents in Crosswalks
Most people feel safe using a crosswalk as a routine activity. After all, these marked paths are specifically designed to protect pedestrians. However,
Understanding these dangers – whether they stem from poor crosswalk design, hazardous weather conditions, distracted drivers, or large commercial vehicles such as tractor-trailers – is essential for staying safe. If you’ve been injured while using a crosswalk in Pennsylvania, understanding these factors can also be important for protecting your legal rights.
If you or a loved one has been involved in a pedestrian accident in the crosswalk in PA, your first call should be to the experienced pedestrian accident attorneys at Munley Law. We understand these complex cases and can help you navigate the legal process. Call Munley Law for a free consultation, and let us fight for the compensation you deserve. […]
Read MoreMore information about Negligence
York Pedestrian Accident Lawyer and Accident Attorney
Once the birthplace of the Articles of Confederation and the meeting spot for the Second Continental Congress, York, Pennsylvania, is now a bustling city with a population of more than 40,000. Today, residents and tourists can enjoy live music in the Market District, beautiful murals in the Royal Square District, and delicious food in the Weco District.
As a pedestrian in York, you should feel safe walking and exploring its rich history. However, pedestrians are put at risk every day in York and across Pennsylvania. In fact, York County reported six pedestrian deaths and 77 pedestrian injuries in 2021 alone.
The Munley Law York pedestrian accident attorneys understand Pennsylvania’s complex regulations governing pedestrian accidents. We also understand the life-altering impact your injuries can have on you and your family. We offer a free case evaluation where we will listen to your story, […]
Read MoreMore information about Negligence
York Product Liability Lawyer
When a product manufacturer, their distributors, or retailers put unsafe products into the market and consumers get hurt, the negligent parties must be held accountable.
A product liability lawyers helps individuals who have been harmed by defective or dangerous products recover compensation for their injuries.
At Munley Law, we’ve successfully represented clients harmed by everything from defective medical devices to faulty automotive parts, securing the compensation they need for medical bills, lost wages, and other damages.
Whether you’ve been injured by a poorly designed product, manufacturing defect, or inadequate warning labels, we’ll carefully investigate your case and hold the responsible parties accountable. We work on a contingency fee basis, which means you don’t pay unless we win your case. Contact a York product liability attorney at Munley Law today to schedule a free consultation. […]
Read MoreMore information about Negligence
Bensalem Motorcycle Accident Lawyer
Motorcycle accidents in Bensalem can shatter your life instant. In one moment, you’re going for a ride and in the next, you’re left with devastating injuries, massive medical bills, and an uncertain future. When the worst happens, you need the best help on your side. The Munley Law Bensalem motorcycle accident lawyers are committed to fighting for your rights, seeking a fair settlement, and helping you rebuild your life after a motorcycle crash. Call or fill out our online form for a free consultation today.
What Can Our Bensalem Motorcycle Crash Attorneys Do For You?
The Munley law firm handles every aspect of a personal injury case, from the initial investigations to courtroom litigation. Here’s what your lawyer will do to secure a settlement or verdict in your favor:
Handle the paperwork: Filing the paperwork for a personal injury claim is confusing and overwhelming. […]
Read More
