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
More information about Negligence
How Much Does An Easton, PA Car Accident Lawyer Charge?
If you’ve been involved in a car accident in Easton, PA, you may be considering hiring a car accident lawyer to help you navigate the legal aftermath. But one of the most common questions people have is: how much will it cost for a car accident lawyer? It’s a valid concern, as the financial impact of a car accident can be significant, and the thought of adding lawyer fees on top of that can be daunting. The cost for a car accident attorney in Easton, PA, can fluctuate significantly due to many factors, such as the complexity of the case, the lawyer’s experience, and the legal fee structure. Contact our Easton car accident lawyers at Munley Law for a free consultation today — understand your legal rights and options without the financial commitment.
Understanding the Role of a Car Accident Lawyer
When you’re involved in a car accident in Easton, […]
Read MoreMore information about Negligence
Lowboy Truck Accident Lawyer
Were You Injured in an Accident With a Lowboy Truck? We’re Here to Help
Lowboy trucks are often carrying heavy loads, and accidents involving these types of rigs can be particularly devastating. Although things can go wrong in any type of trucking accident, there are a few specific outcomes that drivers should be aware of in a lowboy truck accident. Some of these scenarios include limited visibility because of the trailer, reduced brake responsivity due to the inertia of the trailer, and the possibility of the trailer detaching in a crash.
Collisions with lowboy trucks can be messy to navigate. In a regular, non-commercial crash, the relevant parties include the motorists and their respective insurance companies. As lowboy truck accidents are commercial in nature, the employer of the truck driver will be an additional party involved in the claims process.
If you or a loved one was injured in a lowboy truck accident, […]
Read MoreMore information about Negligence
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. […]
Read MoreMore information about Negligence
Philadelphia Nursing Home Abuse Lawyer
Nursing Home Neglect and Abuse in Philadelphia
Philadelphia 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 centre in Philadelphia or the surrounding counties, contact our experienced lawyers 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, chat live, or fill out our email form today for a free, […]
Read MoreMore information about Negligence
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. […]
Read More
