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 Does Insurance Play a Part in Allentown Wrongful Death Cases?
Living through a loved one’s death is something no one wants to experience. It’s emotionally devastating and may also leave surviving family members with an onslaught of overwhelming questions: How do I navigate the legal process? Do I need a wrongful death attorney? And what role does insurance play?
The role insurance coverage plays in a wrongful death claim depends significantly on the details of the case. In many cases, when surviving family members seek compensation after a loved one’s death, they are seeking that compensation from the defendant‘s insurance company.
For instance, a devastating number of wrongful death claims involve car accidents. The at-fault party in a case like this would be the driver responsible for the accident — perhaps they were texting, driving under the influence, or exhibiting some other kind of negligent or reckless behavior. […]
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What Happens If My Lyft is in an Accident in Philadelphia?
If your Lyft is involved in an accident in Philadelphia, several necessary steps must be taken to ensure your safety and handle the situation correctly. These steps include assessing injuries, contacting emergency services if required, exchanging information with the other parties involved, notifying Lyft, and contacting a Philadelphia Lyft accident attorney.
Understanding the process for protecting yourself and receiving assistance following a rideshare accident in Philadelphia is vital.
What Steps Should I Take if I’m Injured in an Accident Involving My Lyft Ride?
Being injured in a Lyft accident can be shocking and painful. You may feel disoriented and anxious, but try to keep in mind the following helpful steps:
Get Medical Help
Your health comes first. If you’re injured, get medical help right away. Call 911 or go to the nearest hospital or clinic. Even if you don’t think your injuries are serious, […]
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Can Lyft Be Held At Fault For an Accident in Philadelphia?
Lyft may be held at fault for an accident in Philadelphia if it can be proven that the driver’s negligence or Lyft’s operational policies played a part in the collision. Determining liability in car accidents can be complicated, and each case is unique. Seeking legal advice from a qualified Philadelphia Lyft accident attorney who can help you understand your rights and options is advisable.
How is Fault Determined in a Lyft Car Accident in Philadelphia?
Determining fault in a car accident involving a Lyft vehicle in Philadelphia depends on various factors, such as the specific circumstances of the accident, applicable traffic laws, and the actions of all parties involved.
In general, Lyft may be held responsible for an accident if it can be proven that the driver was negligent or reckless while driving under the Lyft platform. […]
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Stroudsburg Workers’ Compensation for Healthcare Workers
The Stroudsburg Healthcare Workers’ Compensation Experts
If you work in the healthcare or medical profession, you spend your time helping sick and injured patients improve. However, you are not immune from injuries and illnesses yourself. Medical professionals are more likely to get hurt at work than workers in construction, manufacturing, or production jobs. If you are a healthcare worker injured at work, you will need to cover your medical and personal costs with workers’ compensation benefits. You need experienced Stroudsburg workers’ compensation lawyers who will fight for you. Munley Law workers’ comp attorneys have more than 60 years of experience fighting for the rights of PA workers. Call today for a free consultation with one of our award-winning healthcare workers’ compensation lawyers.
How Dangerous Is It Working in the Healthcare Industry?
Healthcare workers face numerous work hazards daily. According to the US Centers for Disease Control and Prevention (CDC), […]
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Who Is At Fault in Most Philadelphia Motorcycle Accidents?
In Philadelphia, motorcycle accidents are common and frequently raise liability and fault questions. The key is that uncertainty arises around the physical injuries, which are accompanied by material damage, and the question of responsibility for the consequences. Analyzing motorcycle accident cases helps identify the factors and the most likely fault participants. This is where a knowledgeable Philadelphia motorcycle accident attorney is warranted and priceless to the news of their personal injury client.
What Causes Motorcycle Accidents in Philadelphia?
Some common causes of motorcycle accidents in Philadelphia include but are not limited to:
Traffic violations—Most motorcycle crashes are caused by a traffic violation on the part of any of the involved parties; these account for 14% of all traffic deaths (National Safety Council, 2023). Such traffic violations may include speeding, beating red lights, abrupt lane changes, […]
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