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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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, […]
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What is Pain and Suffering in Pittsburgh Personal Injury Claims?
The law compensates victims who have experienced an injury-causing accident if it occurred as the result of someone else’s negligence. In these cases, the victim may file a personal injury claim with the help of a Pittsburgh personal injury lawyer to seek just compensation for all of their losses and pain. In the context of a personal injury claim, pain and suffering is a wide-ranging term that encompasses all forms of mental and physical suffering the victim has endured as a result of the accident. This can include things like physical pain, as well as things like emotional trauma suffered and mental anguish.
What Are Pain and Suffering Damages?
Pain and suffering is a broad umbrella term encompassing many experiences. So when we talk about “pain and suffering,” what exactly are we talking about?
Calculating pain and suffering is certainly not an exact science. […]
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Pennsylvania Wrongful Death Lawyer
Losing a loved one to someone else’s negligence is a tragedy no one should have to bear. While no amount of money will make things right, seeking justice with the help of a Pennsylvania wrongful death lawyer can hold the at-fault party accountable and bring your family some security.
What is Considered Wrongful Death?
In Pennsylvania, wrongful death is defined as a death caused by the wrongful act, neglect, unlawful violence, or negligence of another person or entity. The purpose of a wrongful death lawsuit is to compensate the family of the deceased for the losses they have suffered as a result of their loved one’s untimely death. This includes immediate expenses like funeral and burial costs and long-term losses such as loss of earnings and financial support, benefits, and companionship.
Common causes of wrongful death lawsuits include fatal motor vehicle accidents, […]
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Pennsylvania Medical Malpractice Lawyer
When you or someone you love enters a hospital or undergoes medical treatment, you rely on their caregivers to protect their patients from harm. Unfortunately, healthcare providers do not always uphold the standard of care. When a medical professional fails to uphold the standard of care, a medical error or medical negligence can have life-altering consequences for patients.
Pennsylvania has some of the country’s best doctors and medical facilities, but mistakes and negligence can happen anywhere. The American Medical Association found that more than 30% of physicians report being sued for malpractice at some point during their careers.
Suppose you or your family member suffered a serious illness, injury, or untimely death because of a medical mistake or negligence. In that case, the medical malpractice lawyers at Munley Law can help you understand your rights under state law. Call today to schedule a free consultation. […]
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