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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Personal Injury Glossary Terms
This glossary provides a quick-access resource for looking up definitions of terms you will likely encounter while seeking compensation.
A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W
A
Accident Report — A detailed official record of an incident created on-site by an authority figure such as a police officer or hospital staff member.
Act of God — An unforeseen event caused by natural forces without human involvement that couldn’t have been prevented with reasonable care, […]
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Pittsburgh Erb’s Palsy Lawyer
Erb’s Palsy is a full or partial paralysis of the arm caused by nerve damage. Because Erb’s Palsy is often avoidable, in some cases, parents may be able to take legal action against the doctors or other medical professionals involved in the delivery process. This kind of personal injury case, which falls under the umbrella of medical malpractice, is complicated. Working with a Pittsburgh Erb’s Palsy lawyer with specific expertise in this subject area is the best way to set yourself and your family up for success.
Contact our Munley Law today for a free consultation and learn how we can fight to protect your best interests after a birth injury.
What Is Erb’s Palsy?
Also known as Erb-Duchenne paralysis, Erb’s palsy is one of multiple possible brachial plexus injuries. The brachial plexus is a network of nerves with roots in the neck, […]
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How Can An Easton Truck Accident Lawyer Help With My Case?
If you or a loved one has been hurt or killed in a truck accident, it helps to have an experienced truck accident attorney in your corner. An Easton truck accident lawyer from Munley Law can help your case in several ways.
A truck accident is often more catastrophic and traumatic due to the sheer size and mass of large commercial trucks, and it is also more legally complex to litigate.
Here’s how:
- Calculating Damages: Munley Law attorneys have over 60 years of experience calculating damages, including current and future medical expenses, property damage, lost wages, and pain and suffering. We work with top PA medical experts and financial professionals to ensure all relevant costs, including future medical treatments and ongoing care, are accounted for.
- Maximizing Your Settlement: Munley Law attorneys are skilled negotiators who will aggressively advocate for your rights during settlement negotiations with insurance companies. […]
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When Should I Call a Truck Accident Lawyer in Easton?
Suppose you have been involved in a truck accident. In that case, you need to know that a truck accident lawsuit can be far more complex than a regular accident between passenger cars, so you should immediately contact an Easton truck accident lawyer.
How Dangerous Are the Roads In Easton, PA?
Highways in Easton, PA, can be more dangerous for passenger vehicles for many reasons, including:
- Mix of Local and Interstate Traffic: We are located at the crossroads of several major highways, including Interstate 78 and Route 22, which see a mix of local and interstate traffic. This can lead to varying driving speeds and behaviors, increasing the risk of accidents, especially when trucks are involved.
- Narrow Lanes and Tight Curves: Some highways in Easton have narrow lanes and tight curves, which can be challenging for trucks to navigate. […]
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Who Can Be Held Responsible for an Uber Accident in Easton, PA?
Determining liability in an Uber accident can be complex, especially considering the different phases of the Uber app and the involvement of multiple parties. An experienced Easton Uber accident attorney, such as Munley Law, can assess the facts of your case, identify all potentially liable parties, and help you pursue fair compensation for your injuries and damages.
More than a million Uber drivers are on the road in the U.S. at any given time. Uber accidents can occur when you are riding in an Uber vehicle as a rideshare customer or struck by an Uber vehicle while walking or driving your car, motorcycle, or bike.
We can navigate the legal process on your behalf, negotiate with insurance companies, and, if necessary, represent you in court to protect your rights.
