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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Pittston Motorcycle Accident Lawyer
Driving a motorcycle puts you at an increased risk of serious injury compared to other car accident victims due to the size of the motorcycle versus a standard passenger vehicle. One wrong move by another driver can cause you to face lifelong consequences. This is when you need an experienced Pittston motorcycle accident lawyer.
From handling the insurance company, negotiating a settlement, and securing compensation, motorcycle accident victims can’t afford to be without legal representation. For a no-obligation, free consultation, contact the Pittston motorcycle accident lawyers of Munley Law.
What Are the Causes of Pittston Motorcycle Accidents?
Motorcycle accidents in Pittston can result from various factors. Understanding these causes is essential to the legal consequences when pursuing compensation after an accident.
Driver Error and Negligence
One of the leading causes of motorcycle accidents in Pittston is driver error or negligence. […]
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Pittston Premises Liability Lawyer
If you’ve suffered an injury on someone’s property due to negligent upkeep or another hazard, you have a right to recover compensation for the injuries you suffered. However, premises liability claims can be complicated as proving liability can become a nightmare with the insurance company and negligent party. A Pittston premises liability lawyer can help remedy the situation by taking on your case and navigating the legal system on your behalf.
If you or a loved one were injured on someone else’s property, call Munley Law. Our Pittston personal injury lawyers can handle your claim.
Pittston Personal Injury Lawyers Handle Premises Liability Claims
Most of us will spend at least part of our day outside the comfort of our homes, whether going to work, the grocery store, or visiting with friends and family. Unfortunately, this also means we risk injury on someone else’s property. […]
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Pittston Slip and Fall Lawyer
Slip and fall accidents can happen anywhere at any time. Sometimes, it’s just that–an accident. Other times, it could have been completely avoided had the property owner correctly maintained the space. Victims are entitled to compensation for injuries when a property owner fails to keep visitors safe. This is where a Pittston slip and fall lawyer comes in.
The Pittston personal injury lawyers at Munley Law represent slip and fall victims as they make claims against negligent parties. We can do the same for you.
What to Do After a Pittston Slip and Fall Accident
If you’ve been involved in a slip and fall accident and suffered an injury, there are steps you should take to ensure you get the compensation you deserve for the injuries you sustained and any damages incurred.
Seek Medical Attention
Even if you think you only suffered scratches and bruises, […]
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Pittston Product Liability Lawyer
The products we use every day should be safe, right? Unfortunately, this isn’t always the case. Each year, thousands of product liability claims are filed for defective products that cause injury to consumers. If you have been injured due to a defective product, a Pittston product liability lawyer can guide you through the legal process.
For a free consultation, contact the product liability lawyers of Munley Law.
Types of Product Liability Claims
Product liability claims arise when defective or unsafe products harm consumers. These claims can be categorized into three primary types: design defects, manufacturing defects, and marketing defects.
Design Defects
Design defects focus on a product’s design flaws that make it inherently unsafe to consumers. In these cases, the argument is that the product’s design is fundamentally dangerous, even when made to specifications.
An example of a design defect would be a children’s toy that becomes broken and thus a choking hazard after light play as it was designed. […]
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Pittston Truck Accident Lawyer
Truck accidents are often much more damaging than the standard passenger vehicle collision. Given the size of tractor-trailers versus a passenger car, the injuries can be more severe, and the impending legal battles are all the more complex. But as a victim, you do not have to handle it alone. A Pittston truck accident lawyer can guide you through the personal injury claims process, ensuring you get the compensation you need to move forward.
Munley Law understands that trucking accidents pose unique challenges, often at the expense of the injury victims. Our legal team has taken on the insurance and trucking companies for previous clients, and we are prepared to do the same for you. For a no-obligation, free consultation, call our Pittston truck accident lawyer.
What Are the Causes of Most Truck Accidents in Pittston, PA?
No two truck accidents are the same, […]
