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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Bethlehem Cerebral Palsy Lawyer
Three out of every 1,000 births in the United States will result in a baby being diagnosed with cerebral palsy. Sometimes, a child will develop cerebral palsy in the womb due to the brain not developing properly. Other times, cerebral palsy can be caused by medical negligence during the delivery process.
If your child was diagnosed with cerebral palsy as a result of medical malpractice, the Bethlehem PA, cerebral palsy attorneys of Munley Law can guide you through the legal process and help you get compensation for your child’s medical needs.
What is Cerebral Palsy?
Cerebral palsy is a group of neurological disorders that impact a person’s movement, balance, and posture. For some people with cerebral palsy, it can also cause intellectual disabilities, seizures, vision, hearing or speech loss, and spine and joint problems. Cerebral palsy is caused by abnormal brain development or brain damage. […]
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Pennsylvania Birth Injury Lawyer
The Pennsylvania birth injury lawyers of Munley Law have spent decades supporting injury victims, including the most vulnerable–newborns. A birth injury results from physical trauma to the mother or infant during the labor and delivery process, resulting in harm. For many families, a mistake in the delivery room can lead to a lifetime of medical needs and recurrent costs.
If your child suffered a birth injury, a Pennsylvania birth injury lawyer from Munley Law can guide you through the legal process and help you secure the compensation you need to care for your baby. For a no-obligation, free consultation, contact Munley Law today.
What is a Birth Injury?
During the labor and delivery process or shortly after delivery, a baby may suffer a physical injury that may or may not cause harm to a structure or function of the body. Birth injuries may range in severity from mild to life-threatening. […]
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Hazleton Cerebral Palsy Lawyer
Suppose you suspect that medical errors during pregnancy, childbirth, or postnatal care caused cerebral palsy in your loved one. In that case, it’s essential to consult an experienced medical malpractice lawyer with experience handling such cases. The seasoned Hazleton birth injury lawyers at Munley Law can assess your situation in a free consultation and guide you through the legal process to seek compensation for any negligence or malpractice that may have occurred. Our medical negligence lawyers have a proven track record. They are hired to represent your family’s interests, investigate the circumstances surrounding the condition’s onset, and initiate legal action if and when deemed appropriate. It is crucial to seek guidance from a seasoned medical malpractice attorney so that we can support you in pursuing compensation and justice, allowing you to focus your energy on caring for your family and moving forward. […]
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Distracted Driving Accident Lawyer
If you have been in an accident caused by a distracted driver, contact a distracted driver accident lawyer at Munley Law. Distracted driving is dangerous behavior and one of the leading causes of severe and deadly car accidents across the country. Across the United States, legislators have begun acknowledging the dangers of distracted driving.
Distracted driving is nothing new. Since the advent of vehicles, drivers have been distracted by sights and sounds from the outside– billboards, reading bumper stickers, the actions of other drivers and pedestrians, and more. Unfortunately, the problem isn’t going away, and with the introduction of constantly changing technology, it is only getting worse.
Distracted driving is one of the most common reasons for traffic injuries and fatalities. In 2021, 3,522 people (drivers, pedestrians, passengers, and bicyclists) died due to distracted driving accidents, according to the National Highway Traffic Safety Administration (NHTSA). […]
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Carbondale, PA Fatal Car Accident Lawyer
Every year in Pennsylvania, more than 1,000 people will die in a car accident. Though nothing can bring them back to their families, there are legal options the loved ones of the deceased can take to secure financial compensation for the losses the accident caused.
If you have lost a loved one in a car accident in Carbondale, the Carbondale fatal car accident attorneys of Munley Law can provide legal guidance to you during this challenging time.
How Can a Carbondale Car Accident Attorney Help After a Fatal Wreck?
Our Carbondale car accident attorneys can guide you through the following legal steps following a fatal car wreck in Carbondale, PA.
Determine a Cause of the Collision and Establish Negligence
We know that determining the cause of a fatal wreck can be a challenge as one of the most critical eyewitnesses is unable to share their testimony. […]
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