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 Happens If I Am At Fault for a Car Accident in Wilkes-Barre?
How Dangerous is It to Drive in Wilkes-Barre?
Wilkes-Barre is in the heart of Luzerne County and has some of the busiest highways near the humming city. With easy access to Interstates 80, 81, and 476, this city’s roads are constantly bustling with travelers on any given day.
Unfortunately, the reality is that more travel equals more chances of car accidents. A car accident occurs in Wilkes-Barre for many reasons, such as bad weather, mechanical defects, and poor road conditions. However, there are instances when other drivers on the road play a role in your car accident, whether driving over the speed limit, tailgating, or getting distracted by their cell phone.
If you are asking yourself what happens if I am found at fault for an auto accident, call a Wilkes-Barre car accident attorney today. If you were not the sole cause of the accident, […]
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Drowsy Driving Accident Lawyers
Drowsy Driving Accident Attorneys
If you have been injured in a vehicle accident caused by a drowsy driver, our drowsy driving accident lawyer is ready to help. You may be entitled to recover damages that include medical costs, property loss, lost wages, and pain and suffering. It’s essential to have a top personal injury law firm to help you with your claim. For more than 60 years, the lawyers at Munley Law have been assisting clients with their claims. We can provide you with a free, no-obligation consultation on your case, and we will fight to get you the justice and compensation you deserve.
How Dangerous is Drowsy Driving?
Drowsy driving occurs frequently because sleep deprivation has become an increasingly common problem. People often begin their morning work commute after a poor night’s sleep – and those driving long distances usually push themselves to go greater distances without breaks. […]
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The Importance of Legal Representation After a Bethlehem Pedestrian Accident
Pedestrian accidents can be physically and financially devastating to victims and their families, making it important to secure legal representation for your Bethlehem pedestrian accident case right away. With a Bethlehem pedestrian accident lawyer from Munley Law, you will have a professional legal team to go up against the insurance company or the negligent driver so you can focus on your health.
As a pedestrian, you have rights. Call Munley Law following your accident to begin the legal process.
How Often Do Pedestrian Accidents Occur?
In 2022, the Pennsylvania Department of Transportation (PennDOT) reported 3,160 pedestrian injuries and 184 fatalities, representing nearly three percent of all reported traffic incidents and more than 15 percent of fatalities.
Both victims and their families can benefit from retaining a pedestrian accident attorney early on, as data shows that personal injury victims who secure legal help get more compensation than victims who do not. […]
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Who Can Be Held Responsible for a Wrongful Death in Allentown, PA?
The victim’s family members may file a wrongful death suit on the victim’s behalf against the responsible parties. These parties can be individuals or entities; in essence, whoever is at fault for the death in question or whose negligence contributed to the death can be held responsible. For instance, if someone loses their life because of a violent attack, the attacker can be held responsible for a wrongful death claim. And if a company or larger entity was unreasonably negligent and that negligence resulted in a death, they too can be held responsible.
What is a Wrongful Death?
A wrongful death is defined in Pennsylvania law as a death that occurred because of someone else’s negligence, wrongful behavior, or unlawful violence. In other words, a person who dies from natural causes would not be considered a wrongful death. Types of wrongful death claims include:
- Medical malpractice
- Fall accidents
- Motorcycle accidents
- Car accidents
- Workplace accidents
- Assaults and homicides
In typical personal injury cases that do not involve death, […]
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What Does an Easton Truck Accident Lawyer Do?
A truck accident lawyer is a special kind of personal injury lawyer who represents individuals involved in truck accidents in the Easton area, offering services such as investigating the accident, negotiating with insurance companies, and pursuing compensation for damages.
If you were injured in a truck accident in Easton or elsewhere in the Lehigh Valley, you have the right to seek compensation from the at-fault party. This is where a truck accident lawyer can help you. Contact an experienced Easton truck accident lawyer at Munley Law Personal Injury Attorneys for a free case review. We do not get paid unless we win your case.
How Can an Easton Truck Accident Lawyer Help Me After a Truck Accident?
An Easton truck accident lawyer can assist you after an accident by navigating the legal complexities to secure compensation for your injuries, […]
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