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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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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Bethlehem Hit and Run Accident Lawyers
When you or your loved one are injured in a car or pedestrian accident, the last thing you should worry about is whether the liable driver remains at the scene. Hit and run accidents are unfortunately too common in Bethlehem, and fleeing the scene can amount to a felony hit and run.
Bethlehem is filled with cultural and artistic attractions, including SteelStacks, the National Museum of Industrial History, and the Lehigh & Keystone Valley Model Railroad Museum. Combined with the major highways that surround the Lehigh Valley and the busy roads that cut through, the influx of drivers makes hit and run accidents more likely than ever.
Whether you are driving downtown, parked to visit an attraction, or are a pedestrian, navigating a hit and run accident is challenging.
Munley Law’s Bethlehem hit and run accident lawyers are ready to take on your case. […]
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Bethlehem Distracted Driver Accident Lawyer
Bethlehem, Pennsylvania, is a vibrant city with a rich blend of history, culture, and entertainment. It is home to the SteelStacks, a transformed former steel plant that now offers concerts, festivals, and other events. Lehigh University, known for its leading engineering program, houses over 7,000 students within the city limits. With a thriving arts scene, diverse dining options, and beautiful parks, Bethlehem is a vibrant city that attracts new residents and tourists alike.
Interstates 378 and 78 run through the city, creating daily heavy traffic (often with commercial trucks). With bustling highways, over 75,000 residents who commute to and from work, and young Lehigh University drivers, distracted driving can devastate the entire community.
If you or your loved one were injured in a distracted driving accident, call the distracted driving accident lawyers at Munley Law. Our law firm offers a free consultation where an experienced lawyer will listen to your story and walk you through all your legal options. […]
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Bethlehem Drunk Driving Accident Lawyer
If you or a loved one were involved in an accident with a drunk driver, you need an experienced Bethlehem drunk driving accident lawyer at Munley Law. Given the serious consequences of drunk driving, it is essential to have a skilled legal team on your side who can help you navigate the complex legal process and ensure that you receive the compensation you deserve.
It is common knowledge that driving under the influence of alcohol is a dangerous and illegal act. Alcohol consumption can significantly impair the central nervous system, which in turn can limit a driver’s ability to operate a vehicle safely. When a driver chooses to get behind the wheel after drinking, they are putting themselves and others at serious risk of harm. Our drunk driving accident lawyers are well-equipped to assist you in navigating the legal complexities of such cases and obtaining the compensation you deserve. […]
