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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Pittston Product Liability Lawyer
The products we use every day should be safe, right? Unfortunately, this isn’t always the case. Each year, thousands of product liability claims are filed for defective products that cause injury to consumers. If you have been injured due to a defective product, a Pittston product liability lawyer can guide you through the legal process.
For a free consultation, contact the product liability lawyers of Munley Law.
Types of Product Liability Claims
Product liability claims arise when defective or unsafe products harm consumers. These claims can be categorized into three primary types: design defects, manufacturing defects, and marketing defects.
Design Defects
Design defects focus on a product’s design flaws that make it inherently unsafe to consumers. In these cases, the argument is that the product’s design is fundamentally dangerous, even when made to specifications. […]
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Pittston Workers’ Compensation Lawyer
Thousands of injured workers apply for workers’ compensation coverage in Pennsylvania annually. However, just because they apply does not mean they’ll get the money they need for their work-related injury. This is where a Pittston worker’s compensation lawyer comes in. From filing an initial claim to handling appeals, workers’ compensation lawyers work tirelessly to represent workplace accident victims needing aggressive representation.
If you or a loved one suffered an injury in the workplace and need help navigating workers’ compensation laws, call Munley Law. We help accident victims in Pittston, PA, secure the benefits that are rightfully theirs.
What is Workers’ Compensation Insurance?
Workers’ compensation insurance is a critical safety net designed to protect employees who suffer from job-related injuries or illnesses. Workers’ compensation also acts as a form of accountability to employers to ensure that the workplace is safe for their employees. […]
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Erb’s Palsy Attorney in Scranton, PA
Erb’s palsy is a devastating birth injury that can leave a child with lifelong physical disabilities. If you believe that your child’s suffering was caused by medical negligence, it’s critical to seek legal help immediately. Our Scranton birth injury lawyer is here to help. Contact a Scranton Erb’s palsy attorney at Munley Law today to schedule a free consultation.
What is Erb’s Palsy?
Erb’s palsy, otherwise known as brachial plexus palsy, emerges during childbirth, resulting from an incident where the baby’s neck is excessively stretched to the side, leading to damage to the brachial plexus nerves. The aftermath can be severe, causing partial or complete loss of movement in the arm affected.
How severe the injury is dictates what kind of treatment is necessary, ranging from regular physical therapy to possible surgeries and in some cases, […]
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Pittston Car Accident Lawyer
Car accidents can be life-altering, leaving victims with not only physical and emotional trauma but also a sea of never-ending legal woes. However, it doesn’t mean victims and their families need to mount the obstacles alone. By finding the right Pittston car accident lawyer, injury victims are more equipped to handle the battles they face ahead.
If you or a loved one were injured in a Pittston car accident, you need Munley Law. With decades of experience, the Pittston personal injury attorneys of Munley Law have become a trusted name amongst accident victims. Our team can guide you through the process, whether you’re working through insurance claims, seeking damages, or simply looking for guidance post-accident. Contact the Pittston car accident lawyers today for a no-obligation, free consultation.
What Are the Most Common Types of Car Accidents in Pittston, […]
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Pittston Truck Accident Lawyer
Truck accidents are often much more damaging than the standard passenger vehicle collision. Given the size of tractor-trailers versus a passenger car, the injuries can be more severe, and the impending legal battles are all the more complex. But as a victim, you do not have to handle it alone. A Pittston truck accident lawyer can guide you through the personal injury claims process, ensuring you get the compensation you need to move forward.
Munley Law understands that trucking accidents pose unique challenges, often at the expense of the injury victims. Our legal team has taken on the insurance and trucking companies for previous clients, and we are prepared to do the same for you. For a no-obligation, free consultation, call our Pittston truck accident lawyer.
What Are the Causes of Most Truck Accidents in Pittston, PA?
No two truck accidents are the same, […]
