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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What is the Most Common Cause For Motorcycle Accidents in Philadelphia?
Philadelphia is an exciting city to experience while riding a motorcycle. However, one must also be aware of the common causes of accidents and what makes for safe precautions and practice. The causes of motorcycle accidents include distracted drivers, lane-splitting, speeding, and dangerous road conditions, among others; however, distracted driving is amongst the most common, and it is often instigated due to a host of other reasons. By avoiding these negligent acts and being cautious, motorcycle riders can find safe rides on the streets of Philadelphia. The most important step to achieving these safety measures is understanding their main causes.
What Are the Common Causes of Motorcycle Accident Crashes in Philadelphia?
Due to factors such as traffic congestion, distracted drivers, poor road conditions, and inclement weather, drivers in Philadelphia face a unique set of challenges. Approximately 64% of motorcycle fatalities happen in urban settings, […]
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Carbondale, PA Drowsy Driving Accident Lawyer
We know that driving recklessly is not only dangerous but illegal. However, many drivers don’t consider the risks of getting behind the wheel while tired. Each year, thousands of people get into car accidents with drowsy drivers, leading to severe and sometimes fatal injuries. If you suspect your car accident resulted from fatigued or drowsy driving, call Munley Law. Our Carbondale drowsy driving accident lawyers can guide you through the legal process to ensure you get the compensation you need for your injuries.
Drowsy driving accidents are complex as it can be challenging to prove fatigued driving. Still, with our decades of experience, the Munley Law car accident lawyers will quickly lead you through the claims process.
How Serious Are Drowsy Driving Car Accidents?
Drowsy driving occurs when a person gets behind the wheel of a vehicle while tired. […]
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Should I Get an Injury Lawyer After a Car Accident in Stroudsburg?
Getting in a car accident can be a terrifying experience, especially if you have suffered injuries. In such a situation, it is vital to seek legal help from a car accident lawyer in Stroudsburg. Dealing with the aftermath of car accidents can be overwhelming, and having a knowledgeable and experienced attorney by your side can make all the difference in ensuring you receive the compensation you deserve.
Munley Law has over 60 years of experience and some of the best lawyers in Pennsylvania. All of our experienced car accident attorneys in our Stroudsburg office will work diligently to get you or your family members a fair settlement. We offer free consultations. If you’re ready to pursue compensation, call or chat today.
What is the Process of a Car Accident Legal Claim?
If you have been involved in a car crash in Stroudsburg, […]
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What Should I Do At the Scene of a Car Accident in Wilkes-Barre?
No matter where you are, the scene of a car accident can be a very stressful place. From damage to your vehicle, or worse, injury to you or a passenger, there is much to evaluate. So knowing how to handle a car accident scene before you’re involved in a car crash can be crucial in assuring the safety of you and anyone else involved.
Like anywhere else in the country, Wilkes-Barre has its share of car accidents, hit and runs, and pedestrian accidents. According to the Pennsylvania Department of Transportation, Luzerne County was in the top 10 counties in the state for traffic crash fatalities in 2020.
If you have been injured in a car accident, you should not suffer alone. Car accidents can cause severe damage and an experienced car accident attorney can help in your recovery. Contact a Wilkes-Barre car accident lawyer at Munley Law Personal Injury Attorneys today for a free consultation. […]
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Allentown Driver Error Accident Lawyer
If you or your loved one have been injured in a car accident due to another driver’s error, you are entitled to financial compensation to cover your injuries and damages. For 65 years, Munley Law’s personal injury lawyers have been Allentown’s best choice for driver error accident attorneys. Our team is experienced with cases like yours and will fight on your behalf until we recover what you are owed. You can schedule a free consultation with us to discuss your next steps.
Car accidents can be devastating, and too often, they are caused by the negligence of the other driver. Allentown is surrounded by Interstate 78, U.S. Route 22, Pennsylvania Route 33, and the Pennsylvania Turnpike, contributing to congestion and increased accidents. If you or your loved one are in an accident, you’ll need an experienced driver error accident lawyer to investigate your case and prove the negligent driver’s liability. […]
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