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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Erie Lyft Accident Lawyer
Logging into the Lyft app to get a ride home has become a convenient and safer way for residents and visitors of Erie to get to and from their destinations. However, the increased use of rideshare programs like Lyft and Uber have also caused an increase in Lyft accidents. If you or a loved one were injured in a rideshare vehicle or involved in a collision with a rideshare driver, call the Erie Lyft accident lawyers of Munley Law.
Our rideshare accident attorneys can help you navigate the claims process when you are involved in a wreck with a Lyft driver.
Why Do You Need a Lyft Accident Attorney?
Like any personal injury claim, you never have to hire an attorney. However, going through the legal process alone can prevent you from getting the compensation you need for your injuries. […]
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Erie Car Accident Lawyer
Car accidents are an unfortunate part of life. However, that doesn’t mean you must deal with the aftermath alone. When you’ve been hurt in a car accident because of another driver’s negligence, you need an Erie car accident lawyer from Munley Law.
For decades, we have represented personal injury victims across Pennsylvania, including those in Erie County. Call Munley Law for a no-obligation, free consultation.
Do I Need to Hire an Erie Car Accident Attorney?
You are not legally required to hire an Erie car accident attorney for your claim, but there are benefits to doing so. With an experienced attorney, you can rest assured knowing that you are following the legal process precisely as you should, maximizing your total compensation.
Complex Cases Call For Experienced Car Accident Lawyers
While some car accidents are straightforward, […]
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Erie Medical Malpractice Lawyer
When doctors take the Hippocratic Oath, we expect them to provide a certain level of care to all patients they encounter. But when medical negligence occurs and an injury or illness results, you need support. If you or a loved one suffered at the hands of a medical professional, call the Erie medical malpractice lawyers of Munley Law.
For more than 60 years, Munley Law has represented victims and their families, including those of medical malpractice. Call today for a no-obligation, free case evaluation.
What is Medical Malpractice?
The National Institutes of Health defines medical malpractice as “any act or omission by a physician during treatment of a patient that deviates from accepted norms of practice in the medical community and causes an injury to the patient.”
Medical malpractice can occur once a doctor-patient relationship has been established and includes injury, […]
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Can I still pursue a claim if the hit and run driver is never found?
In Pennsylvania, hit and run accidents are an unsettling concern for drivers and pedestrians alike. The prevalence of hit and run accidents makes Pennsylvania residents question the safety of our roads. Every year, numerous individuals become victims of these incidents, and beyond the immediate trauma, they are left grappling with overwhelming emotional distress and mounting financial burdens.
These accidents don’t just leave physical scars; they imprint deep emotional wounds. This is magnified when the victim does not know who the culprit is and cannot bring them to justice. For many, medical bills pile up, wages are lost, and car repairs become an unforeseen expense, creating a spiraling impact on personal finances. As you are going through this storm, an urgent question lingers: Can you still pursue a claim if the at-fault driver remains unidentified?
Legal Perspective on Hit and Runs in Pennsylvania
In Pennsylvania, […]
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Bethlehem Drowsy Driver Accident Lawyer
Get a Free Consultation With a Qualified Bethlehem Auto Accident Attorney
Bethlehem, Pennsylvania, has bustling roads and highways often frequented by busy truckers. Highways like Interstate 78 and Route 22 are key arteries for trucking and passenger vehicle traffic, potentially increasing the likelihood of accidents involving drowsy drivers. When fatigued, truckers and passenger vehicle drivers pose significant risks to road safety. If you find yourself a victim of such a situation, it’s imperative to seek a free consultation with a skilled, drowsy driving attorney who can help navigate the complex legal landscape and potentially assist in obtaining rightful compensation for damages. Our experienced and successful personal injury team at Bethlehem’s Munley Law can help steer your quest to seek the compensation you deserve.
Understanding Drowsy Driving Accidents
Understanding drowsy driving involves recognizing its potential dangers and far-reaching impacts. It’s a condition where a driver, […]
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