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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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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Philadelphia Pedestrian Accident Lawyer
Hit by a Car in Philadelphia? Our Pedestrian Accident Lawyers Fight for You
Unfortunately, even the most careful pedestrians can encounter a careless or reckless driver, leading to an even that changes the course of their lives. If you or a loved one has been involved in a pedestrian collision anywhere in Philadelphia, you may have a personal injury claim. You need a top pedestrian accident lawyer on your side.
Call us today for a free consultation.
Pedestrian crashes can lead to serious injuries, which lead to huge medical expenses. Injuries from pedestrian accidents can cause you to have months of lost wages, doctor visits, and physical therapy in the future. You may be rightfully scared and confused about what to do about ever-increasing medical expenses, missing work for pain, or trips to the doctor.
You need an experienced attorney at Munley Law Personal Injury Attorneys to help you fight for the compensation you might be due following the collision. […]
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Bethlehem Workers Compensation and Third Party Claims
If you have been injured during an accident or incident at work in Bethlehem, you might be understandably anxious, scared, and confused by all of the requirements and paperwork required to start a workers’ compensation claim. If this has happened to you, you might consider filing a workers’ compensation claim and suing a third party for financial compensation.
If you or a loved one has been hurt, become sick, or has suffered a fatality due to working conditions, a Bethlehem workers’ compensation lawyer can help.
What is Workers’ Compensation?
Pennsylvania workers’ compensation benefits are designed to provide financial and medical support to employees who suffer job-related injuries or occupational illnesses. By law, almost every employer in Bethlehem, PA, must carry workers’ compensation insurance to cover their employees in case of a workplace injury or illness. These benefits are in place to protect injured workers by ensuring they have access to necessary medical treatment and wage loss benefits during their recovery period. […]
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Erie Personal Injury Lawyers
If someone else’s negligence has caused you or a loved one to suffer harm or serious injuries, know that you have options for financial recovery. The Erie personal injury lawyers of Munley Law have over 60 years of experience fighting for the rights of Pennsylvania’s injured and recovering compensation. With a track record of securing millions of dollars in settlements and verdicts, we take on the liable party and insurance company to ensure you get the compensation you need for the injuries and damages you incurred.
For a no-obligation, free consultation, contact a personal injury lawyer from Munley Law today.
Why Choose Our Erie Personal Injury Attorneys?
Not all personal injury law firms are made equal. However, the award-winning personal injury lawyers of Munley Law have the experience, dedication, and compassion you seek in legal representation.
Experienced Personal Injury Lawyers
Experience is the most critical factor in selecting a personal injury lawyer for your case. […]
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