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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How Can I Find a Personal Injury Lawyer Near Me in Philadelphia, PA?
You can find a Philadelphia personal injury lawyer by doing initial research online, asking for recommendations from friends and family members, and then meeting with a narrowed-down list of legal professionals before making a final decision. Finding a trustworthy and experienced personal injury lawyer is the first step to seeking justice and compensation.
Munley Law has supported clients through the personal injury case process since 1959. Read on to understand how a Philadelphia personal injury attorney can assist you with your case, what to look for when searching for an accident attorney, and the best ways to find a reliable personal injury attorney near you.
The Role Personal Injury Attorneys Play in Your Case
Personal injury lawyers specialize in providing legal representation to those who have suffered physical, emotional, or financial harm as a result of an accident. They play a vital role in helping individuals who have been injured due to the negligence or wrongdoing of others. […]
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Reading Construction Accident Lawyer
If you or a loved one were injured in a Reading construction accident, know that you have options for financial recovery. At Munley Law, our construction accident lawyers serve injured Berks County residents in Reading and across Pennsylvania.
Whether you are a construction worker hurt on the job or an innocent bystander hurt due to a lack of safety measures at a construction site, Munley Law can help you get the compensation you need to recover from your injuries and regain your life.
For a free consultation, contact the Reading construction accident lawyers at Munley Law for a no-obligation consultation.
Experienced Reading Construction Accident Lawyer
According to the U.S. Bureau of Labor Statistics, falls, slips, and trips accounted for 35.3 percent of workplace deaths in the construction industry in 2020. Due to the job’s workplace conditions and physical demands, […]
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What is the Average Payout For a Motorcycle Accident In Easton, PA?
Motorcycle accidents can be devastating, both physically and financially. If you have been involved in a motorcycle accident in Easton, PA, you may be wondering what the average payout is for a motorcycle accident case. This is a valid concern, as motorcycle injuries can often result in significant medical bills, lost wages, and other expenses. Contact an Easton motorcycle accident attorney today for a free consultation and to discuss the factors that can affect the amount you may receive for your motorcycle injury claim payout.
How Is the Average Settlement Determined for a Motorcycle Accident?
Determining an exact average payout for motorcycle accidents in Easton, PA, can be tricky due to the varying circumstances of each accident. Settlement figures fluctuate significantly, influenced heavily by the severity of injuries, the extent of property damage, and the impact on the victim’s earning capacity. At the lower spectrum, […]
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What Should I Do If I Am In a Motorcycle Crash in Easton, PA?
Motorcycle accidents are, unfortunately, common occurrences on the roads of Easton, PA. As a motorcycle rider, you understand the risks and dangers of sharing the road with larger vehicles. However, even the most experienced and cautious riders can be involved in a motorcycle accident. And if you were in an accident because of a motorcyclist’s negligence, the trauma of the motorcycle collision and catastrophic injuries can bring shock and a crippling feeling of overwhelm. If you have been in a motorcycle accident in Easton, PA, knowing what steps to take to protect yourself and your rights is important. Seek out a free consultation from an experienced Easton motorcycle accident lawyer to discuss the necessary actions you should take and how to navigate this difficult situation to get the financial compensation you are entitled to.
Ensure Personal Safety After the Motorcycle Crash
In the disorienting moments following a motorcycle wreck, […]
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Easton Wrongful Death Lawyer
No amount of money can make up for the loss of a family member. However, financial compensation can alleviate the financial burdens you may be facing and provide future security for you and your family. The knowledge that those responsible for your loss have been held accountable can provide peace of mind.
If you have lost a loved one in Easton due to an accident or an act of negligence, the Easton wrongful death lawyers at Munley Law can help you hold the at-fault party accountable. We have helped hundreds of families like yours obtain justice in Easton and Pennsylvania, even against powerful entities.
Why Do You Need an Easton Wrongful Death Lawyer?
A wrongful death is a death that is caused by negligence on the part of another person or company. Negligence is a legal term with a unique definition in personal injury law, […]
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