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 Birth Injury Lawyer
If your child suffered a birth injury due to medical negligence, contact the Philadelphia birth injury lawyers at Munley Law Personal Injury Attorneys for a free consultation
As an expecting parent, you entrust medical professionals with the most important thing in the world – the health and safety of your new baby. Unfortunately, tens of thousands of babies suffer birth injuries every year. If your child suffers an injury due to medical error or negligence, we are here for you.
Philadelphia boasts some truly excellent hospitals and healthcare facilities. But, medical errors can happen anywhere. A Philadelphia birth injury lawyer at Munley Law Personal Injury Attorneys will fight for your family. We hold the negligent person(s) accountable, and ensure that you get appropriate compensation for your child’s past and future medical treatment, therapy, pain and suffering, and other unforeseen losses. […]
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Pittsburgh Catastrophic Injury Lawyer
A Catastrophic Injury Lawyer in Pittsburgh Will Fight For You
Every day, innocent people in Pittsburgh cross paths with negligent individuals or companies and suffer serious injuries. A catastrophic accident can cause injuries that can take months to recover from or leave you permanently disabled. Catastrophic injuries can disrupt your life and your family’s. When innocent people get hurt because of someone else’s negligence, the negligent party should pay for the damage they caused. A personal injury lawsuit can help you recover the compensation you need to rebuild your life and move forward. For personal injury cases involving catastrophic injuries, it’s important to have the right lawyer.
The Pittsburgh catastrophic injury lawyers at Munley Law have been representing Pennsylvanians since 1959. We have successfully recovered millions of dollars in compensation for victims of catastrophic car and truck crashes, medical mistakes, […]
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Philadelphia Construction Accident Lawyer
Now more than ever, construction sites are popping up around Philadelphia. While that is good news for the City’s development, it also comes with risks. Almost 1,000 construction workers died on the job in 2021, and in 2020, there were 213.3 nonfatal accidents per 10,000 construction workers. Indeed, construction workers have one of the top ten most dangerous jobs in the United States. Be it a fall, falling object, electrocution, or an accident involving workplace tools, construction sites are dangerous.
If you or a loved one has been injured on a construction site, you should contact an experienced Philadelphia construction accident attorney about your options. Together, we can make sure you recover the financial compensation necessary to move forward.
What About Workers’ Compensation?
Working on a construction site, you’ve likely heard about workers’ compensation. Workers’ […]
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Pittsburgh Car Accident Lawyer
If you were injured in a Pittsburgh car crash, it’s time to take action
See what Pittsburgh car accident lawyers at Munley Law can do for you
Located in the western part of Pennsylvania, Pittsburgh is a vibrant city known for its rich history, stunning architecture, and thriving sports culture. Unfortunately, amid the bustling streets and highways, car accidents can occur, causing severe injuries, emotional distress, and financial burdens. When faced with the aftermath of a car accident, it’s crucial to have a skilled Pittsburgh personal injury lawyer by your side to protect your rights and advocate for your best interests.
This is where Munley Law comes in.
With years of experience as car accident lawyers and a deep understanding of local regulations, they are dedicated to providing you with the highest level of legal representation. If you suffered an injury in an Allegheny County car crash, […]
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Philadelphia Premises Liability Lawyers
If You Were Injured on Someone Else’s Property in Philadelphia, You May Be Entitled to Compensation.
Under Pennsylvania law, it is the property owner’s job to keep their guests and visitors from getting hurt. By filing a premises liability claim, people who get hurt can get money for their injuries and other losses. “Premises liability” is a type of personal injury lawsuit against the owner of a property where someone was injured.
As the injured victim, you will need to prove that the property owner was negligent. This is where a Philadelphia premises liability lawyer can help. If you were hurt on someone else’s property or place of business, contact a Philadelphia personal injury lawyer at Munley Law Personal Injury Attorneys for a free consultation.
How Do You Know If You Have a Premises Liability Claim in Philadelphia?
In Pennsylvania, […]
