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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Easton Workers’ Compensation and Third Party Claims
Workers’ compensation is a system designed to provide financial benefits to employees who suffer work-related injuries or illnesses. It is a form of insurance that provides medical treatment coverage, wage replacement, disability benefits, and vocational rehabilitation to injured workers in Pennsylvania.
If you have been injured while on the job in Easton, PA, you might have questions about how the workers’ comp system works, who is eligible, how much you can receive, and more.
Nearly all employers in PA are required by law to carry workers’ compensation insurance for all employees beginning on the employee’s first day on the job.
An experienced Easton workers’ compensation attorney at Munley Law can answer your questions and guide you in beginning your claims process.
Sometimes, you are injured at work, and an outside party is at fault. You might also want to file a claim against that third party in this case. […]
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Philadelphia Nursing Home Abuse Lawyer
The Philadelphia Nursing Home Abuse Lawyers at Munley Law Personal Injury Attorneys Stand Up for Victims and Their Families
Nursing home employees are required to care for elderly residents’ needs and well-being at the highest level to ensure that the senior members of our families are as safe and healthy as possible. Far too often, long-term healthcare facility staff members neglect those duties and abuse the very people they are expected to protect.
If you suspect that your family member is suffering from physical, emotional, sexual, or financial abuse or neglect at a long-term care facility in Philadelphia or the surrounding counties, contact the nursing home abuse lawyers at Munley Law Personal Injury Attorneys today for a free consultation. We will answer your questions regarding nursing home negligence, review the details and medical records, and advise you on how to proceed. Call a Philadelphia nursing home abuse lawyer, […]
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Philadelphia Lyft Accident Lawyer
If You Were Injured in a Lyft Accident, Contact a Philadelphia Lyft Accident Lawyer Today
Lyft provides a reliable service for anyone needing a ride in bustling cities likes Philadelphia, Pennsylvania. It is convenient. It helps you avoid the cost of owning and maintaining your own car. It can also keep you safe when you use ridesharing services like Uber or Lyft if you have had a few drinks or are too tired to drive safely.
While Lyft can be convenient and safe, there are risks when we take a ride with Lyft. A recent study conducted by the University of Chicago and Rice University shows that car accident deaths have increased significantly with the increase in the use of the Lyft app and other ridesharing services apps. The study states that the increase may be caused by a Lyft driver operating his vehicle when he is distracted or tired. […]
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Philadelphia Medical Malpractice Lawyer
Medical Malpractice Attorneys in Philadelphia, PA
Medical mistakes are the 3rd leading cause of death in the U.S. If you need a Philadelphia medical malpractice lawyer, call or click to schedule a free consultation today. Medical malpractice is among the leading causes of death in the United States, and it accounts for an alarming number of avoidable illnesses and injury-related complications every year. Despite the high standards to which physicians and healthcare facilities are held, they continue to make mistakes regularly – and the consequences are often devastating for patients and their families.
At Munley Law Personal Injury Attorneys, we are well known for our experience in litigation. Our lawyers have consistently recovered millions of dollars for victims of medical mistakes. Suppose you, your child, or another loved one is suffering from a health condition that you believe may result from medical malpractice in Philadelphia. […]
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Easton Workers Compensation Specific Loss Benefits
Known for its rich history, beautiful landscapes, and vibrant community, Easton, PA, offers diverse industries, businesses, and a skilled, flexible workforce.
Easton is known for its industrial history, but even today, the city still boasts a strong manufacturing base, with companies specializing in metal fabrication, food processing, plastics, and machinery production. These manufacturing enterprises contribute to the local economy and drive the entire region’s economic growth.
Workers in Easton are skilled and diverse. The city benefits from a highly trained labor pool, offering expertise in manufacturing, healthcare, education, technology, and other sectors.
Whether you are a server in one of downtown’s busy restaurants or a skilled worker in a manufacturing hub, when you are permanently injured at work, you can file a claim for financial compensation to help you recover and beyond.
If you have been injured during your work duties in Easton, […]
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