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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Can Medical Malpractice Cause a Stroke?
Understanding Strokes: Types, Causes, Treatments, and Medical Malpractice
Strokes are critical medical emergencies that require swift and accurate treatment to avoid lasting damage. We will examine various stroke types, their causes, available treatments, and the impact of medical malpractice.
Types of Strokes
Delays in treatment can result in permanent disability or death. Stroke symptoms are not unique and can mimic other health issues, leading to potential misdiagnosis of stroke. Common signs of a stroke include:
- Weakness or numbness, particularly on one side of the body
- Paralysis
- Tingling in the arms or legs
- Sudden loss of leg strength
- Severe headache
- Loss of balance or coordination
- Slurred speech
- Inability to speak or understand speech
- Vision changes, such as blurred or double vision
- Dizziness
- Fainting
- Loss of vision
- Death
Strokes can vary in severity from mild to life-threatening, […]
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Wyoming Truck Accident Lawyer
Commercial trucks often travel on Wyoming’s highways, especially Interstate 80, a major route for moving goods across the country. These trucks cover long distances daily, enabling businesses to receive supplies and ship products efficiently, 
supporting local and national economies. However, the high volume of truck traffic increases the likelihood of crashes.
If you or a loved one has been injured in a Wyoming truck accident, consider contacting an expert truck accident lawyer for legal advice during this difficult time.
What Are the Most Common Causes of Trucking Accidents in Wyoming?
Trucking accidents are common along Wyoming’s highways, and its terrain and unpredictable weather make it challenging for truckers. High winds can topple trucks, and steep mountain passes slow them down. Sharing the road with large trucks adds significant risk, especially during harsh conditions. […]
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Allentown Brain Injury Lawyer
Any type of traumatic brain injury is life-changing. Whether the injury is mild, moderate, or severe, it can take a great physical, psychological, and financial toll on victims and their families. If you or a loved one suffered a traumatic brain injury due to someone else’s negligence, an Allentown brain injury lawyer at Munley Law can help you get the proper compensation you deserve to cope with the aftermath.
If you or a loved one has suffered a traumatic head injury, our Allentown personal injury lawyers are here to help. Fill out our contact form or call us today for a free consultation. It won’t cost you anything. Even if you hire us, you won’t pay anything out of pocket; we aren’t paid unless you win money. Furthermore, contacting us won’t obligate you to do anything.
Understanding Brain Injuries
A traumatic brain injury (TBI) can have long-term effects on your health and affect the way you navigate the world around you. […]
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Fatal Car Accident Lawyer
Losing a loved one due to someone else’s negligence is incredibly traumatic, and choosing the right accident lawyer is critical. At Munley Law Personal Injury Attorneys, we understand fatal car accident cases’ complex and sensitive nature.
Our team of experienced lawyers is committed to providing support, empathy, and compassion to grieving clients and their families. With over 60 years of experience, we have helped deliver legal aid to numerous clients and helped to identify and collect the compensation they deserve.
Our compassionate car accident lawyers will review your case for free and guide you on your next steps. We work on a contingency fee basis, so we do not get paid unless we win your case. Contact us today through our online form or phone for your free consultation.
What’s the Difference Between a Personal Injury and Wrongful Death Lawsuit? […]
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Scranton Bicycle Accident Lawyer
At Munley Law, our team of skilled Scranton bicycle accident lawyers has over 60 years of experience handling bicycle accident cases and other personal injury claims. We know how to fight for the rights of injured individuals. We understand the physical, emotional, and financial toll that a severe bicycle accident can take on you and your family. And we are committed to helping you recover the compensation you deserve.
If you need a bicycle accident lawyer in Scranton, contact Munley Law today for a free consultation.
How Common Are Bicycle Accidents in Scranton, PA?
Unfortunately, bicycle accidents are all too common in Pennsylvania. According to data from the Pennsylvania Department of Transportation, there were 821 reported bicycle accidents in Pennsylvania in 2020. These accidents resulted in 799 injuries and 22 fatalities.
Many of these accidents are caused by driver negligence, […]
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