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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Driver Dies After Car Lands In a Creek in Pittsburgh
Pennsylvania State Police are investigating a fatal car crash in Pittsburgh on January 17.
According to news reports, the car had exited the Squirrel Hill tunnel on Parkway East around 8:30 a.m. Right before crossing the Commercial Street Bridge, the driver lost control of the vehicle, went over a steep embankment and plunged into the creek.
Emergency crews had difficulty accessing the crash site because of heavy machinery that was doing work under the bridge. When they were able to reach the vehicle, they found the driver had died and was still in the vehicle.
The cause of the crash is still under investigation.
Fatal Car Accidents in Pittsburgh, PA
As one of the most populated areas in Pennsylvania, Pittsburgh has seen its fair share of fatal car accidents. According to the latest statistics from the Pennsylvania Department of Transportation, […]
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The Use of Medical Experts in Personal Injury Cases
Many forms of evidence and documentation can help you show you deserve compensation when filing a personal injury claim or lawsuit. Often, victims can strengthen their cases by coordinating with medical experts to provide testimony.
The specific way a medical professional can help with your case will depend on factors ranging from the severity of your injuries to whether you settle out-of-court or go to trial. Contact Munley Law today to learn more about how our network of medical experts can help when fighting for compensation in your personal injury case.
Why Medical Expert Testimony Is Critical to Your Case
The involvement of medical experts often determines whether a victim receives the full compensation they deserve for their injuries.
Depending on the circumstances, medical experts play many potential roles in personal injury cases. For instance, […]
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Common Causes of Boat Accidents
Every year, countless people enjoy the freedom of recreational boating. However, boating accidents can turn a day on the water into a life-altering event. According to the U.S. Coast Guard, hundreds of fatal boating accidents occur annually. In 2023, there were 564 boating deaths and about 2,126 injured, leaving families devastated and survivors grappling with serious injuries.
If you’ve been injured due to an operator’s negligence on the water, contact a boat accident attorney at Munley Law to understand your rights to compensation and legal options.
Key Risk Factors in Boating Accidents
Boat accidents can happen for several reasons, from human error to extreme weather. According to the U.S. Coast Guard, the most common causes of boating accidents include:
Boat Accidents Caused by Boating Under the Influence (BUI)
Alcohol use, […]
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Philadelphia Duck Boat Accident Lawyer
When people think of duck boats, they usually think of a fun tourist activity to explore a new city. But if you’re searching for a Philadelphia duck boat accident lawyer, you know they can lead to a horrible boating accident, road collision, or pedestrian accident. If you or your loved one has suffered duck boating-related injuries or death, you need a lawyer well-versed in this unique area of law to ensure you receive the compensation you deserve.
Understanding Duck Boat Accidents in Philadelphia Waters
Unfortunately, deadly incidents involving duck boats are a part of Philadelphia history. Perhaps the most notorious of these accidents occurred in 2015 when two tourists were killed when a tugboat-guided barge crashed into a Ride the Ducks boat in the Delaware River. The tugboat driver was charged with manslaughter after it was found that the deadly boat accident was caused because he was playing around on his phone and laptop. […]
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Workers Comp vs Personal Injury – What’s the Difference?
If you’ve been seriously injured, you may be drowning in medical bills, financially struggling, and unsure where to turn. Everyone seems to have advice, and you hear the words workers’ comp and personal injury thrown around a lot. While both provide compensation after an accident, it is important to understand the differences to determine the best option in your case.
Key Differences Between Workers’ Compensation and Personal Injury Claims
Both workers’ compensation and personal injury claims relate to injury, so you may wonder, what is the difference?
An injured employee can file a workers’ compensation claim when injured at work or through the scope of their employment. Workers’ compensation aims to protect injured workers first and foremost.
Personal injury lawsuits are appropriate when a third party has injured you. Personal injury claims are your best option if you have suffered an injury that is not work-related (for example, […]
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