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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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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Pittsburgh Cerebral Palsy Lawyer
A cerebral palsy diagnosis can turn a family upside down as new parents must figure out how to accommodate their child’s needs. For many children with cerebral palsy, intellectual disabilities, seizure disorders, and vision problems are also common.
While sometimes cerebral palsy happens while the child is developing in the womb and cannot be helped, in some circumstances, a child may develop cerebral palsy as a result of a birth injury. Unfortunately, proving something went wrong during delivery can be hard to do. But with a Pittsburgh cerebral palsy lawyer like those of Munley Law, we can guide you through the medical malpractice claims process to ensure your child receives the financial support needed for the difficult road ahead.
What Is Cerebral Palsy?
The Centers for Disease Control and Prevention (CDC) defines cerebral palsy as the most common motor disability in childhood. […]
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Erie Drowsy Driving Accident Lawyer
Most drivers are aware of the risks that something like drunk driving entails. We know not to get behind the wheel while intoxicated or under the influence of any substances. But what about driving when we’re tired?
If you or a loved one has sustained injuries in a car accident caused by drowsy driving, you deserve justice and compensation. Don’t hesitate to contact one of our top drowsy driving accident lawyers in Erie to learn about the legal process and how we can help with your car accident lawsuit.
How Many Car Accidents Are Caused by Fatigued Drivers in Erie, PA?
While getting behind the wheel when you’re feeling fatigued might not seem all that risky, the numbers show that drowsy drivers cause many car accidents each year. According to the National Highway Traffic Safety Administration (NHTSA), in 2019 alone, […]
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Erie Distracted Driving Accident Lawyer
Most drivers have been told about the dangers of texting while driving. Taking just a few seconds to glance down at your phone or to type out a message can result in an accident, serious injuries, and, in the worst of cases, can have deadly consequences. However, texting is not the only kind of distracted driving that drivers must be aware of. There are four distinct categories of distracted driving: visual distractions, manual distractions, cognitive distractions, and auditory distractions.
Distracted drivers pose a major threat to everyone on the road and cause many car accidents. If you or someone you know has sustained injuries in one of these car accidents, you may have grounds for a lawsuit. Contact one of our Erie distracted driving accident attorneys today to explore your options and learn how we can help you recover the compensation and the justice you deserve from the distracted driver’s insurance company. […]
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Erie Drunk Driving Accident Lawyer
Drunk driving remains a leading cause of death for traffic-related incidents. Yet, every year, thousands of drivers will get behind the wheel, intoxicated, ruining the lives of others. In Erie, drunk driving results in roughly 1,000 arrests each year. If you or a loved one were involved in an accident with an intoxicated driver, call the Erie drunk driving accident lawyers of Munley Law.
Can I File a Personal Injury Lawsuit Against a Drunk Driver in Erie?
Suppose you were injured in a car accident involving a drunk driver. In that case, you can file a personal injury claim to recover compensation for your property damage and injuries.
Under Pennsylvania law, a drunk driver can be charged twice for driving under the influence– in a civil and a criminal case.
In most cases, police will arrest the drunk driver, […]
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