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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Philadelphia Premises Liability Lawyers
If you were injured on someone else’s property in Philadelphia, you may be entitled to compensation. Under Pennsylvania law, it is the property owner’s job to keep their guests and visitors from getting hurt. By filing a premises liability claim, people who get hurt can get money for their injuries and other losses. “Premises liability” is a type of personal injury lawsuit against the owner of a property where someone was injured.
As the injured victim, you will need to prove that the property owner was negligent. This is where a Philadelphia premises liability lawyer at Munley Law can help. If you were hurt on someone else’s property or place of business, contact a Philadelphia personal injury lawyer at Munley Law Personal Injury Attorneys for a free consultation.
How Do You Know If You Have a Premises Liability Claim in Philadelphia?
In Pennsylvania, […]
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Philadelphia Slip and Fall Accident Lawyer
If you were seriously injured in a slip and fall accident in Philadelphia, Munley Law Personal Injury Attorneys is here to help.
Slip-and-fall accidents happen when someone falls because of a dangerous situation that the property owner should have fixed. These accidents can cause serious injuries that may require medical care, and time off work.
If you or a loved one were injured in a slip and fall accident, you may have a personal injury claim. An experienced Philadelphia premises liability attorney at Munley Law Personal Injury Attorneys can explain your legal options. You may be able to get money to cover the costs of your physical injuries, lost wages, emotional pain, and other expenses.
Contact the Philadelphia slip and fall attorneys at Munley Law Personal Injury Attorneys for a free consultation.
What Is A Slip and Fall Claim?
A slip and fall accident can occur on private, […]
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Philadelphia Catastrophic Injury Lawyer
Your Advocate After a Catastrophic Injury in Philadelphia
Accidents happen every day. Of course, any injury stemming from an accident caused by someone else’s negligence has practical impacts on a victim’s life. Injury victims must seek expensive medical treatment, deal with time off work, meaning lost wages, and often must navigate emotional distress following the accident. As you likely know, in these cases, our Philadelphia personal injury attorneys can help you recover compensation for your injuries through a personal injury lawsuit.
But if you or a loved one suffered permanent, severe injuries because of someone else’s negligent actions, for example, a spinal cord injury, severe burn, or traumatic brain injury, your life is turned upside down. Because of that, your response to those injuries is all the more critical. This is because while a catastrophic injury victim’s life is permanently changed, […]
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Does Insurance Cover a Bicycle Accident in Philadelphia, PA?
When you sustain injuries and property damage due to a bicycle accident in Philadelphia, the available insurance coverage depends on many aspects. In most cases, the responsible driver’s motor vehicle and auto insurance policy will likely cover your medical bills and damages. Additionally, your auto insurance policy may cover your losses through compulsory uninsured/underinsured motorist coverage when your policy limits exceed those provided under the responsible driver’s policy limits. After a bicycle accident, an attorney must navigate the insurance claims in-depth and secure compensation for injuries and damages. Contact a Philadelphia bicycle accident lawyer for a more in-depth explanation of the insurance claim investigation and to recover adequate compensation for your injuries and damages.
Does Car Insurance Cover Bike Accidents in Philly?
A car insurance policy can cover accidents in Philadelphia. Normally, the liability coverage of the driver’s car insurance policy would pay the cyclist for the injuries sustained. […]
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What Happens When You Have a Philadelphia Bike Accident?
Experiencing a bike accident in Philadelphia can be jarring and stressful. In the aftermath of such an event, knowing what steps to take is important for protecting your health, ensuring your rights are upheld by filing a personal injury claim with a Philadelphia bicycle accident lawyer, and seeking fair compensation for any injuries or damages.
Understanding the process, from assessing injuries to seeking legal assistance to determining who is ultimately responsible for your bicycle crash, can help you navigate the situation effectively and make important decisions about your next steps.
What Are the Bicycle Accident Laws in Philadelphia, PA?
Bicyclists must follow the same traffic laws as motorists, including stopping at red lights and stop signs, yielding to pedestrians, and riding in the same direction as traffic.
Helmet Laws: While no statewide law requires adults to wear helmets while riding bicycles, […]
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