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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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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Allentown Catastrophic Injury Lawyer
A catastrophic injury can change a person’s life forever. These types of injuries can be devastating and have long-lasting effects on the victim and their loved ones. It is important to seek the help of a seasoned Allentown catastrophic injury lawyer at Munley Law. The right legal representation can make a big difference in the outcome of your personal injury case as you navigate the complex legal system.
At Munley Law, our personal injury lawyers in Allentown, PA, understand the difficulties that come with a catastrophic injury. We have years of experience handling these types of cases and are committed to fighting for our clients’ rights. Our team of experts will work tirelessly to help you get the compensation you deserve. Whether you were involved in a car or truck accident, a motorcycle accident, a pedestrian accident, suffered a workplace injury or were a victim of medical malpractice, […]
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Scranton Catastrophic Injury Lawyer
Catastrophic injuries can have a life-changing effect on both an individual and their entire family. The inability to work and other physical and mental limitations can be crippling financially and emotionally. When the negligence of another causes a catastrophic injury, you may be able to pursue compensation for your injuries. An experienced Scranton catastrophic injury lawyer can help you obtain the compensation you need to care for yourself and your family while you recover from your devastating injuries.
After a catastrophic injury, you probably have many questions. Let a Scranton catastrophic injury lawyer at Munley Law Personal Injury Attorneys help in any way we can. Call, chat, or fill out our contact form for a FREE and confidential consultation. We do not collect a fee for our services unless we win your case.
What is a Catastrophic Injury?
A catastrophic injury is considered a physical injury or illness that has a life-altering impact on the accident victim. […]
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Scranton Brain Injury Lawyer
A traumatic brain injury (TBI) can have devastating and life-altering consequences for victims and their families. TBI is caused by a bump, blow or jarring of the head that disrupts normal brain function. The victim of a TBI may need life-long medical care and be left unable to work. Life may never be the same. When someone’s negligence results in an accident that causes a TBI, the injury victim needs to hire an experienced Scranton brain injury lawyer to help with their claim.
The Common Causes of Scranton Traumatic Brain Injuries
The common causes of traumatic brain injuries are slip and fall, auto accidents, workplace accidents, medical malpractice, and sports injuries.
Falls – Falls are the leading cause of TBI in the U.S. Slip and falls at work, […]
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