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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Williamsport Truck Accident Lawyers
If you were injured in a truck crash on I-80, I-180, Route 15, Route 220, or any other main roads running through Williamsport and Lycoming County, contact the truck accident team at Munley Law Personal Injury Attorneys for a free consultation. We will review the details of your case and advise you about what to do next. There is no charge for our services unless we win your case.
At Munley Law, we understand the devastating impact of commercial truck accident injuries. We also know how vigorously the trucking companies and insurers will fight to avoid liability. With decades of experience, we have helped numerous clients recover millions for their truck accident injuries, and we have a hard-earned reputation for ensuring that all of our clients receive just compensation.
Why Choose a Williamsport Truck Accident Lawyer at Munley Law?
Our lawyers have devoted decades to tractor trailer and major transportation accident cases. […]
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Williamsport Garbage Truck Accident Lawyer
Williamsport garbage trucks routinely travel the neighborhood streets, collecting waste and ensuring the landscape remains pleasant for residents and visitors. Unfortunately, when these garbage trucks are involved in accidents, it often leads to substantial damage and raises several legal complexities. From determining who is the liable party to dealing with insurance claims, there are essential steps to take in the event of this type of serious accident. Our Williamsport truck accident lawyers are ready to help if you’ve been in a garbage truck accident.
What Does a Garbage Truck Accident Attorney Do?
In an accident involving a garbage truck that results in injury, you may have grounds to seek compensation for various losses, such as medical bills, pain and suffering, lost wages, and more. Seeking this compensation can be a real challenge in these types of cases, and that’s where experienced garbage truck accident lawyers come in. […]
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What is the Most Common Cause of a Birth Injury in Scranton, PA?
Birth injuries happen for many reasons. Suppose you believe your baby’s birth injuries were caused by medical negligence or are the fault of medical professionals present before or during your labor and delivery process. In that case, you might be entitled to collect financial compensation for your birth trauma.
The Scranton birth injury attorneys at Munley Law are the experts in birth injury law in Scranton. If your baby has suffered a birth injury, you might have a birth injury claim. Call Munley Law’s Scranton birth injury lawyers today for a free consultation.
What’s the Difference Between a Birth Injury and a Birth Defect?
The difference between a birth injury and a birth defect is birth injuries occur during the labor and delivery process, often due to complications or as the result of medical malpractice. […]
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Philadelphia Brain Injury Lawyer
Get the Compensation You Need Following a Brain Injury
Any type of brain injury is life-changing. Whether the injury is mild, moderate, or severe, it can take a great physical, psychological, and financial toll on a victim and their families. If you or a loved one suffered a traumatic brain injury due to someone else’s negligence, a Philadelphia brain injury lawyer at Munley Law Personal Injury Attorneys can help you get the proper compensation you deserve to cope with the financial consequences and aftermath.
A traumatic brain injury, sometimes called a TBI, can have long-term effects on your health and affect the way you navigate the world around you. In the days and weeks following a serious brain injury, you might not yet know the full extent of the complications you will suffer. You may need ongoing therapy for a while, […]
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Allentown Erb’s Palsy Lawyer
If your child was diagnosed with Erb’s palsy following their birth, you may have a medical malpractice claim. An Allentown Erb’s palsy attorney can guide you through the legal process and ensure that the negligent medical professionals are brought to task. Contact a Munley Law Allentown birth injury lawyer today for a no-obligation, free consultation.
What is Erb’s Palsy?
Erb’s palsy is a nerve condition in the shoulders and arms that results in weakened muscles or loss of muscle function. Each year, nearly 12,000 newborns are diagnosed with Erb’s palsy. Also known as brachial plexus birth palsy, it occurs after a trauma, most commonly following a difficult delivery where the doctor had to maneuver the baby’s head to deliver fully.
Erb’s palsy, more specifically, impacts the brachial plexus, a group of five nerves connected to the spine, […]
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