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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Industrial Accident Lawyer
Pennsylvania is home to a robust industrial sector. Thousands of Pennsylvanians work in manufacturing plants, steel plants, chemical plants, power plants, construction sites, and other high-risk industries. Even with safety measures in place, accidents happen. If you suffered a work-related injury, you are probably facing a mountain of medical bills at a minimum. In the event of a catastrophic injury, you are likely drowning in medical bills and struggling to adjust to a life with permanent disability. A work injury attorney can help you get the compensation you need and deserve.
Industrial Accident Injury Claims: What You Need to Know
When you have suffered injuries from an industrial workplace accident, you may be able to seek financial compensation. An industrial injury lawyer will tell you the options in your specific case during your no obligation consultation. The most common types are workers’ […]
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Allentown Personal Injury Lawyers
An Allentown personal injury lawyers can be the difference between struggling with medical bills and securing the compensation you need following a serious auto accident. At Munley Law, we’ve built our reputation by consistently outmaneuvering insurance companies and winning substantial settlements for our clients throughout the Lehigh Valley. While other law firms might pressure you to accept a quick, inadequate settlement, we meticulously build your case and push back against lowball offers – often doubling or tripling initial compensation offers through aggressive negotiation and litigation.
Don’t let insurance adjusters minimize your suffering or deny you fair compensation. Our record of multi-million dollar verdicts proves our accident attorneys know how to win, and we’re ready to put that experience to work for you. Contact our personal injury law firm today for a free consultation and learn why many injured Lehigh Valley residents trust Munley Law to fight for their future. […]
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What Does a Wrongful Death Lawyer Do?
When faced with the tragic loss of a loved one due to someone else’s negligence or wrongful actions, understanding how a wrongful death lawyer can help becomes essential. These legal professionals specialize in wrongful death claims, guiding families through the legal process while advocating for their rights.
A wrongful death attorney helps families file their claims and build strong cases. They work diligently to gather evidence and establish who was at fault. They also fight to secure fair compensation for the family’s devastating losses. The process involves a thorough investigation of the death. They often bring in expert witnesses to strengthen the case. Throughout the process, they handle all negotiations with insurance companies.
Each element plays a vital role in building a compelling case to, ultimately, hold the responsible parties accountable. With a focus on both legal expertise and compassionate support, […]
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Reading Car Accident Lawyer
When the unthinkable happens, and you’re facing the aftermath of a car accident in Reading, a skilled Reading car accident lawyer can be your lifeline. Navigating the complex legal landscape after a crash requires expertise, finesse, and unwavering dedication. You need an advocate who understands the intricacies of Pennsylvania law, someone who can cut through the red tape and fight tirelessly for the compensation you deserve.
If you were involved in a car accident in Reading, PA, our car accident attorneys at Munley Law are ready to help. Contact us today to schedule a free consultation. There is no fee unless we win your case.
Why Reading Car Accident Victims Choose Munley Law
For 65 years, our board-certified car accident attorneys have fought for accident victims across Berks County, recovering millions in settlements and verdicts. When Reading residents need powerful legal representation, they trust Munley Law. […]
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Reading Personal Injury Lawyer
An unexpected injury can completely disrupt your life. You deserve justice. At Munley Law, our Reading personal injury lawyers helped countless clients in Berks County recover fair compensation for their injuries, including medical bills, lost wages, and pain and suffering.
Don’t let the insurance companies take advantage of you. Our experienced personal injury attorneys will fight for injury victims to protect your rights and get you the compensation you deserve. Contact us today for a free consultation. Let us help you get your life back on track.
Types of Personal Injury Cases Munley Law Handles in Reading, PA
Accidents happen at any time. Whether it’s car accidents at a busy intersection, a slip and fall incident, a collision with a commercial truck, or an injury sustained at work, these incidents can have devastating consequences. The insurance claims process can be tricky to navigate on your own, […]
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