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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Erie Drunk Driving Accident Lawyer
Drunk driving remains a leading cause of death for traffic-related incidents. Yet, every year, thousands of drivers will get behind the wheel, intoxicated, ruining the lives of others. In Erie, drunk driving results in roughly 1,000 arrests each year. If you or a loved one were involved in an accident with an intoxicated driver, call the Erie drunk driving accident lawyers of Munley Law.
Can I File a Personal Injury Lawsuit Against a Drunk Driver in Erie?
Suppose you were injured in a car accident involving a drunk driver. In that case, you can file a personal injury claim to recover compensation for your property damage and injuries.
Under Pennsylvania law, a drunk driver can be charged twice for driving under the influence– in a civil and a criminal case.
In most cases, police will arrest the drunk driver, […]
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Who is Usually At Fault in a Bicycle Accident in Philadelphia?
Cycling can be a fun and eco-friendly way to get around Philadelphia, but it has risks. Unfortunately, bike accidents are all too common in the city, and determining who is at fault can be complex and often contentious. You will need the help of a Philadelphia bicycle accident lawyer to ensure you receive compensation for your injuries.
While each case is unique, certain factors tend to influence the determination of fault in a bicycle accident.
Who is Liable for Bicycle Accidents in Philadelphia?
Who is Liable for Bicycle Accidents in Philadelphia?Liability is the legal responsibility for an action or event that causes harm or damage. In other words, the obligation is to make things right or compensate for any loss or harm caused. In the context of personal injury or accidents, liability refers to who is responsible for the damages, […]
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If I Was Injured By a Lyft Driver in Easton, What Should I Do?
If a Lyft driver in Easton injured you, you first need to check for injuries, call 911, and seek medical assistance immediately; then, contact an Easton Lyft accident lawyer to protect your rights and start the claims process.
Don’t handle the claim on your own. Contact Munley Law for a free consultation.
What Should I Do if I Get Hit by a Lyft Driver?
Rideshare companies like Lyft are a great way to navigate a new city, get to medical appointments, reach a destination, and safely return home after a night out in the Lehigh Valley. Still, accidents can happen anywhere to anyone—including Lyft drivers.
Whether you were a passenger in a Lyft vehicle or involved in a pedestrian, bike, or other vehicle accident involving a Lyft driver, you might have questions about what to do next.
Being in any car accident can be a traumatic experience. […]
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What Are the Types of Wrongful Death Claims in Allentown?
Wrongful death claims can take a variety of forms. Some of the most common occurrences that can result in a wrongful death claim include motor vehicle accidents, fall accidents, pedestrian accidents, and more. Each of these fatal accidents requires a unique approach when filing a wrongful death lawsuit, and working with an experienced Allentown wrongful death attorney who is familiar with Pennsylvania law is one of the best ways to set yourself up for success.
What Are the Grounds for Filing A Wrongful Death Claim?
Every death is a tragic loss, but not all of them are grounds for a wrongful death claim. Wrongful death lawsuits require specific circumstances and fall into a specific category of personal injury cases.
There are two types of court proceedings in the US: criminal and civil. Criminal suits occur when someone has broken the law, […]
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Who Can File a Wrongful Death Claim in Allentown, PA?
In Allentown, PA, only certain eligible family members can benefit from a wrongful death lawsuit. These are the deceased person’s surviving spouse, children, or parents. In theory, these people were most likely to have been financially or otherwise reliant on the deceased person. Hence, they are eligible to receive damages in a wrongful death lawsuit. These are the first people eligible to file a wrongful death lawsuit or survival claim.
If you have lost a loved one and have questions about your wrongful death case, don’t hesitate to contact an Allentown wrongful death attorney. Working with the wrongful death lawyers at Munley Law is the best path toward justice and compensation.
What is a Wrongful Death Claim?
Pennsylvania law defines a “wrongful death” as “the death of an individual caused by the wrongful act or neglect or unlawful violence or negligence of another.” […]
