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 Pedestrian Accident Lawyer
Struck By a Car, Truck, or Bus in Philadelphia? Our Pedestrian Accident Lawyers Can Help
Unfortunately, even the most careful pedestrians can encounter a careless or reckless driver, leading to a pedestrian accident injury that changes the course of their lives. If you or a loved one has been involved in a pedestrian accident anywhere in Philadelphia, you may have a personal injury claim. You need PA’s top pedestrian accident lawyers on your side. Call us today for a free accident consultation with your pedestrian accident lawyer.
Pedestrian crashes can lead to serious accident 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, […]
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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. […]
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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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Erie Uber Accident Lawyer
Residents and visitors enjoy the waterfront activities and attractions that Erie, PA, offers, and many frequently utilize rideshare services like Uber. Unfortunately, that increase in use has also led to more Uber accidents. If you or a loved one were injured in a rideshare car accident, an Erie Uber accident lawyer from Munley Law can guide you through the legal process.
Why Do You Need an Uber Accident Lawyer in Erie, PA?
You never have to hire an attorney for a car accident; however, when it comes to wrecks with rideshare vehicles, it can be beneficial to work with an attorney.
The most complicated part of an Uber accident is knowing what insurance coverage applies to you. Further, there is the question of who was involved during the crash and why it occurred. Of course, there are also general car accident concerns such as injury severity, […]
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How Does Insurance Play a Part in Allentown Wrongful Death Cases?
Living through a loved one’s death is something no one wants to experience. It’s emotionally devastating and may also leave surviving family members with an onslaught of overwhelming questions: How do I navigate the legal process? Do I need a wrongful death attorney? And what role does insurance play?
The role insurance coverage plays in a wrongful death claim depends significantly on the details of the case. In many cases, when surviving family members seek compensation after a loved one’s death, they are seeking that compensation from the defendant’s insurance company.
For instance, a devastating number of wrongful death claims involve car accidents. The at-fault party in a case like this would be the driver responsible for the accident — perhaps they were texting, driving under the influence, or exhibiting some other kind of negligent or reckless behavior. […]
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