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
How Much Are Most Truck Accident Settlements in Scranton, PA?
Truck accidents can result in devastating consequences, both physically and financially. And when it comes to truck accidents in Scranton, PA, the stakes can be even higher. As one of the largest cities in Northeastern Pennsylvania, Scranton sees a significant amount of truck traffic on its roads and highways. Unfortunately, this also means a higher likelihood of truck accidents occurring.
One of truck accident victims’ most common questions is how much they can expect to receive in a settlement. Let’s explore the average settlements for truck accidents in Scranton and the importance of hiring a Scranton truck accident lawyer to ensure you receive fair compensation for your injuries and damages.
Why Are Truck Accident Cases So Complex?
Navigating the aftermath of a truck accident is akin to untangling a complicated web. The situation often involves various participants that extend beyond the victim and the truck driver. […]
Read MoreMore information about Negligence
What Is the Number One Injury For Truck Drivers in a Truck Accident in Scranton?
Whiplash is the number one injury for truck drivers involved in a truck accident in Scranton. Truck accidents are dangerous for those in the other vehicle and the truck driver. A sudden crash can make their head jerk back and forth, causing whiplash. If you are a truck driver involved in a trucking accident in Scranton, PA, contact a Scranton truck accident lawyer near me to learn your legal options and to see what your next steps should be.
What Are the Risks of Driving a Commercial Truck in Scranton?
Navigating the roads of Scranton, Pennsylvania, is no small feat for truck drivers. With challenges presented by bustling traffic, ever-changing weather patterns, and the distinct hilly landscape, every journey tests skill and endurance.
These challenges can be heightened by the demand for long driving hours, leading to fatigue and potentially compromising alertness. […]
Read MoreMore information about Negligence
How Do You Calculate Pain and Suffering in a Truck Accident in Scranton?
Truck accidents can have devastating consequences, both physically and emotionally. If you have been involved in a truck accident in Scranton, Pennsylvania, you may be entitled to compensation for your pain and suffering. However, determining the amount of compensation can be a complex process. How do you put a dollar value on your suffering? Understanding how pain and suffering are calculated in a truck accident settlement and how a Scranton truck accident lawyer can help you receive the total compensation you deserve is essential. Our Scranton truck accident lawyers explore the factors considered when calculating pain and suffering in a truck accident settlement in Scranton.
What is Pain and Suffering in Legal Terms?
Pain and suffering are terms used in the legal world to describe the physical and emotional hardships that individuals experience as a result of a truck accident. It encompasses the physical pain, […]
More information about Negligence
Carbondale, PA Distracted Driving Accident Lawyer
Anytime something or someone diverts a driver’s attention from the road; they are driving distracted and risking a serious car accident. Be it a text, changing the radio station, eating fast food, or even talking to a passenger, these simple actions that only take seconds can change your life instantly.
Distracted driving car crashes have claimed the lives of thousands and injured even more. If you or a loved one were involved in an accident with a distracted driver, a free consultation with the Carbondale distracted driving accident attorneys of Munley Law can provide legal guidance for your claim.
How Our Distracted Driving Car Accident Lawyers Can Help You
To have a distracted driving claim, you must prove that the other driver was distracted behind the wheel. However, this segment of personal injury law is more challenging than you may think. In cases where a driver was on their phone, […]
Read MoreMore information about Negligence
Easton Birth Injury Lawyer
If you or your loved one has experienced a birth injury in Easton, understanding the legal process can be overwhelming. A skilled Easton birth injury lawyer can provide personal attention and the guidance and support you need during a free initial consultation during this challenging time.
From knowing your rights to seeking compensation, birth injury lawyers specialize in advocating for families affected by personal injury due to a negligent act. With their expertise, you can pursue justice and ensure proper care for your child’s future.
What is a Birth Injury?
A birth injury refers to any harm or catastrophic injuries inflicted upon a newborn during the birthing process. These injuries can result from complications such as prolonged labor, improper use of medical instruments, or medical negligence.
Ranging from minor bruises to significant nerve damage or brain injuries, […]
Read More
