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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Carbondale, PA Distracted Driving Accident Lawyer
Anytime something or someone diverts a driver’s attention from the road; they are driving distracted and risking a serious car accident. Be it a text, changing the radio station, eating fast food, or even talking to a passenger, these simple actions that only take seconds can change your life instantly.
Distracted driving car crashes have claimed the lives of thousands and injured even more. If you or a loved one were involved in an accident with a distracted driver, a free consultation with the Carbondale distracted driving accident attorneys of Munley Law can provide legal guidance for your claim.
How Our Distracted Driving Car Accident Lawyers Can Help You
To have a distracted driving claim, you must prove that the other driver was distracted behind the wheel. However, this segment of personal injury law is more challenging than you may think. […]
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Easton Birth Injury Lawyer
If you or your loved one has experienced a birth injury in Easton, understanding the legal process can be overwhelming. A skilled Easton birth injury lawyer can provide personal attention and the guidance and support you need during a free initial consultation during this challenging time.
From knowing your rights to seeking compensation, birth injury lawyers specialize in advocating for families affected by personal injury due to a negligent act. With their expertise, you can pursue justice and ensure proper care for your child’s future.
What is a Birth Injury?
A birth injury refers to any harm or catastrophic injuries inflicted upon a newborn during the birthing process. These injuries can result from complications such as prolonged labor, improper use of medical instruments, or medical negligence.
Ranging from minor bruises to significant nerve damage or brain injuries, […]
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Bethlehem Cerebral Palsy Lawyer
Three out of every 1,000 births in the United States will result in a baby being diagnosed with cerebral palsy. Sometimes, a child will develop cerebral palsy in the womb due to the brain not developing properly. Other times, cerebral palsy can be caused by medical negligence during the delivery process.
If your child was diagnosed with cerebral palsy as a result of medical malpractice, the Bethlehem PA, cerebral palsy attorneys of Munley Law can guide you through the legal process and help you get compensation for your child’s medical needs.
What is Cerebral Palsy?
Cerebral palsy is a group of neurological disorders that impact a person’s movement, balance, and posture. For some people with cerebral palsy, it can also cause intellectual disabilities, seizures, vision, hearing or speech loss, and spine and joint problems. […]
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Pennsylvania Birth Injury Lawyer
The Pennsylvania birth injury lawyers of Munley Law have spent decades supporting injury victims, including the most vulnerable–newborns. A birth injury results from physical trauma to the mother or infant during the labor and delivery process, resulting in harm. For many families, a mistake in the delivery room can lead to a lifetime of medical needs and recurrent costs.
If your child suffered a birth injury, a Pennsylvania birth injury lawyer from Munley Law can guide you through the legal process and help you secure the compensation you need to care for your baby. For a no-obligation, free consultation, contact Munley Law today.
What is a Birth Injury?
During the labor and delivery process or shortly after delivery, a baby may suffer a physical injury that may or may not cause harm to a structure or function of the body. Birth injuries may range in severity from mild to life-threatening. […]
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Hazleton Cerebral Palsy Lawyer
Suppose you suspect that medical errors during pregnancy, childbirth, or postnatal care caused cerebral palsy in your loved one. In that case, it’s essential to consult an experienced medical malpractice lawyer with experience handling such cases. The seasoned Hazleton birth injury lawyers at Munley Law can assess your situation in a free consultation and guide you through the legal process to seek compensation for any negligence or malpractice that may have occurred. Our medical negligence lawyers have a proven track record. They are hired to represent your family’s interests, investigate the circumstances surrounding the condition’s onset, and initiate legal action if and when deemed appropriate. It is crucial to seek guidance from a seasoned medical malpractice attorney so that we can support you in pursuing compensation and justice, allowing you to focus your energy on caring for your family and moving forward. […]
