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
More information about Negligence
Premises Liability Lawyers
Injured on Another’s Property? Munley Law Can Help.
Everyday places – grocery stores, gyms, even friends’ houses – can be potential accident zones. If you were injured because of a hazard on someone else’s property, you can hire a premises liability lawyer to pursue compensation.
For more than 60 years, the personal injury lawyers at Munley Law have successfully pursued premises liability claims for injured victims. Whether you were injured in a slip and fall accident at a restaurant, attacked by a neighbor’s dog, or involved in a situation even more complex, a Munley premises liability attorney can protect your rights and recover compensation for your losses.
What Is Premises Liability?
Premise liability is a legal concept that holds a property owner liable for any injuries a person sustained while on their property. All property owners have a duty of care to:
- Maintain reasonably safe conditions for patrons
- Warn patrons of unsafe conditions
- Repair unsafe conditions promptly
Here’s an example: The local grocery store has a giant puddle of water in one of the aisles. […]
Read MoreMore information about Negligence
Slip and Fall Attorney
Our Slip and Fall Attorney is Here to Help
As the victim of a slip and fall accident, you may be entitled to compensation. If the fall wasn’t your fault, a slip and fall accident lawyer can help you recover costs associated with your injury, including medical bills, lost wages, and even pain and suffering.
Don’t wait – the sooner you speak with a Munley Law slip and fall lawyer, the sooner you can begin recovering financial compensation. Schedule your free consultation today and take the first step to getting your life back on track.
What is Premises Liability?
Premises liability is a law that holds property owners accountable for any dangerous conditions on their property, whether it is a grocery store, an apartment building, or a single-family home. A property owner is responsible for keeping their property reasonably safe for visitors. […]
More information about Negligence
What Are the Common Causes of Truck Accidents in Easton, PA?
The consequences can be devastating when a massive commercial truck collides with a smaller passenger vehicle. A truck accident can have swift and long-lasting effects on your life.
Understanding the causes of truck accidents in Easton is important for both prevention and seeking justice. If you’ve been the victim of a truck crash and plan to make a truck accident claim.
At Munley Law, our team of experienced Easton truck accident attorneys has seen firsthand the devastating effects of truck accidents. We are dedicated to helping Easton and Pennsylvania victims seek the compensation they deserve. If you or a loved one has been injured in a truck accident, please call or message us for a free case evaluation.
What Causes Truck Accidents to Occur in Easton, PA?
Some of the most common causes of truck accidents in Easton include:
- Driver Fatigue: Truck drivers often face tight deadlines, […]
More information about Negligence
What Does Duty of Care Mean in a Premises Liability Claim in Hazleton?
A duty of care is essentially a legal duty that requires a person to exhibit reasonable care and avoid negligence or carelessness that could result in causing harm to others. The duty of care is present in many different situations. For instance, a doctor has a duty of care to their patient. Every medical professional must uphold a standard of care and behave in a way that other physicians would deem reasonable. All drivers have a duty of care to other drivers: they must drive safely, exhibit reasonable care, and refrain from any behavior that could cause a car accident or injury.
But what does this term mean about a premises liability claim? Here, the term refers primarily to property owners. All property owners owe a duty of care to all those who legally enter their property, […]
Read MoreMore information about Negligence
Food Poisoning Lawyer
Food Safety Lawyer Can Help You Recover
If a severe food poisoning case has impacted you or someone you love, our food poisoning lawyers are here to help you recover. From medical bills to lost wages, emotional stress, and more, food poisoning due to someone else’s negligence can wreak havoc on your life. We can ensure you get the compensation you deserve. And we don’t get paid unless we win your case. Contact us today for a free consultation to discuss the specifics of your food poisoning case.
What is Food Poisoning?
According to the Centers for Disease Control and Prevention, about one in six Americans (48 million people) will get foodborne illnesses every year. While food poisoning can sometimes result in minor discomfort, the CDC also reports every year, 128,000 people are hospitalized for their disease, […]
