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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Wilkes-Barre Cerebral Palsy Lawyer
A cerebral palsy diagnosis can be devastating. When caused by medical negligence, a knowledgeable Wilkes-Barre birth injury lawyer can hold the responsible parties accountable. Munley Law has a proven track record of success in birth injury cases, and we understand the complex medical and legal issues involved. We’ll fight tirelessly to maximize the compensation your child deserves.
What is Cerebral Palsy?
Cerebral palsy (CP) is a neurological disorder affecting movement, muscle tone, and posture. It is caused by abnormal brain development or damage to the developing infant’s brain, often occurring before birth or during the period after delivery. Cerebral palsy can result from various factors, including a birth injury such as fetal stroke, fetal distress, or a lack of oxygen to the baby’s brain during the delivery process.
Medical professionals can often diagnose CP based on the child’s medical records and physical symptoms. […]
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Should I Call A Car Accident Lawyer After a Car Accident in Williamsport?
Call a Williamsport car accident lawyer immediately if you are involved in a car accident. Victims often wait to call an experienced car accident lawyer once they realize the insurance settlement offer is insufficient to cover their damages. By being proactive and calling a PA car accident lawyer before meeting with the insurance company, you’ll be a step ahead in seeking the compensation you need to move forward.
If you were in a car accident, call the Williamsport car accident lawyers of Munley Law today.
Why Work With a Williamsport Car Accident Lawyer?
You are never required to seek legal representation for a car accident. However, if you or your passenger suffered severe injuries, there are benefits to working with a Williamsport car accident lawyer.
An Experienced Car Accident Lawyer Will Establish Negligence
Determining who was at fault for the car crash will be the priority of your car accident lawyer. […]
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What Are Birth Injuries Due to Negligence in Allentown, PA?
While some birth injuries are an unfortunate result of a difficult birth that no one could account for, most common birth injuries are caused by negligence. If your child suffered a birth injury that was caused by negligence, you should contact an Allentown birth injury lawyer to determine if you may be entitled to compensation. Learn more about what birth injuries are due to negligence to see if you have a personal injury claim.
What is a Birth Injury?
A birth injury occurs before, during, or after the birth process when a newborn may suffer physical injury or trauma. Birth injuries can be caused for a variety of reasons, most commonly due to:
- The baby is large
- The baby is breeched or feet first in the birth canal
- The baby is premature
- The mother’s pelvis or birth canal is not shaped for delivering, […]
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Truck Accidents Caused by Poor Maintenance
Driver error is the most common cause of car and truck accidents, but it is certainly not the only cause. In some cases, improper vehicle maintenance can cause mechanical malfunctions that result in highway accidents.
According to the Federal Motor Carrier Safety Administration (FMCSA), commercial truck carriers must carefully inspect and maintain all vehicles under their control. If failure to do so results in a crash or causes harm, the carrier may be liable.
If you were injured in a serious truck accident, contact the nation’s leading truck accident lawyers at Munley Law Personal Injury Attorneys. We will review your case for free and advise you on how to proceed. 
What Are the Common Maintenance Issues That Cause Truck Accidents?
Large trucks are complex systems with hundreds of parts that must be kept in good working order. […]
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Cerebral Palsy Lawyer
Cerebral Palsy Caused by Medical Negligence
Cerebral palsy (CP) is a lifelong neurological disorder caused by birth injuries. It affects mobility, speech, and overall well-being. If you think medical malpractice played a role in your child’s cerebral palsy, you should seek guidance from an experienced cerebral palsy lawyer right away. You and your family may be entitled to significant financial compensation.
At Munley Law, our dedicated cerebral palsy attorneys can help you understand your legal options and fight for the compensation you deserve. Call today for a free consultation with a compassionate cerebral palsy lawyer who will listen to your story and offer a reasonable assessment of your case.
What is Cerebral Palsy?
To better understand your child’s condition, let’s break down exactly what cerebral palsy is. According to the Centers for Disease Control and Prevention (CDC), […]
