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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Erb’s Palsy Lawyer
Fight for Your Child’s Future with an Erb’s Palsy Attorney
Welcoming your newborn into the world should be a joyful experience. However, when you receive an Erb’s palsy diagnosis, your joy quickly turns to overwhelming worry. A thousand questions start swirling in your head: what caused my child’s injury? Was this medical negligence? Can it be fixed? Where do we even begin?
Enter the experienced Erb’s palsy attorneys at Munley Law. We understand the emotional and legal complexities of your child’s birth injury. We’ve helped countless families secure resources and financial compensation after their child developed Erb’s palsy.
Call today for a free case evaluation with a compassionate birth injury lawyer who will guide you through the legal process and outline all your options.
What is Erb’s Palsy?
Erb’s palsy is a birth injury impacting a newborn’s arm and shoulder. […]
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Pittston Uber Accident Lawyer
Uber currently has 131 million active monthly users, including those in Pittston. But when a car accident occurs involving an Uber, victims have concerns over their rights to compensation. This is where a Pittston Uber accident lawyer can help.
The personal injury lawyers of Munley Law represent car accident victims, including those involved in Uber accidents. For a no-obligation, free consultation, contact Munley Law today.
What Are the Causes of an Uber Car Accident?
Uber car accidents, like any car accident, can occur due to various factors. Understanding these causes is crucial for preventing accidents and navigating legal issues in their aftermath. Common causes of Uber accidents include:
- Distracted Driving: One of the leading causes of all car accidents, distracted drivers may get occupied by their phones, GPS devices, or even conversations with passengers, leading to a lapse in attention and potential accidents. […]
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Pittston Motorcycle Accident Lawyer
Driving a motorcycle puts you at an increased risk of serious injury compared to other car accident victims due to the size of the motorcycle versus a standard passenger vehicle. One wrong move by another driver can cause you to face lifelong consequences. This is when you need an experienced Pittston motorcycle accident lawyer.
From handling the insurance company, negotiating a settlement, and securing compensation, motorcycle accident victims can’t afford to be without legal representation. For a no-obligation, free consultation, contact the Pittston motorcycle accident lawyers of Munley Law.
What Are the Causes of Pittston Motorcycle Accidents?
Motorcycle accidents in Pittston can result from various factors. Understanding these causes is essential to the legal consequences when pursuing compensation after an accident.
Driver Error and Negligence
One of the leading causes of motorcycle accidents in Pittston is driver error or negligence. […]
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Pittston Premises Liability Lawyer
If you’ve suffered an injury on someone’s property due to negligent upkeep or another hazard, you have a right to recover compensation for the injuries you suffered. However, premises liability claims can be complicated as proving liability can become a nightmare with the insurance company and negligent party. A Pittston premises liability lawyer can help remedy the situation by taking on your case and navigating the legal system on your behalf.
If you or a loved one were injured on someone else’s property, call Munley Law. Our Pittston personal injury lawyers can handle your claim.
Pittston Personal Injury Lawyers Handle Premises Liability Claims
Most of us will spend at least part of our day outside the comfort of our homes, whether going to work, the grocery store, or visiting with friends and family. Unfortunately, this also means we risk injury on someone else’s property. […]
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Pittston Slip and Fall Lawyer
Slip and fall accidents can happen anywhere at any time. Sometimes, it’s just that–an accident. Other times, it could have been completely avoided had the property owner correctly maintained the space. Victims are entitled to compensation for injuries when a property owner fails to keep visitors safe. This is where a Pittston slip and fall lawyer comes in.
The Pittston personal injury lawyers at Munley Law represent slip and fall victims as they make claims against negligent parties. We can do the same for you.
What to Do After a Pittston Slip and Fall Accident
If you’ve been involved in a slip and fall accident and suffered an injury, there are steps you should take to ensure you get the compensation you deserve for the injuries you sustained and any damages incurred.
Seek Medical Attention
Even if you think you only suffered scratches and bruises, […]
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