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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What Does a Bethlehem Medical Malpractice Lawyer Do?
A Bethlehem medical malpractice lawyer is your guide, advocate, and champion if you or a family member have suffered an injury because of a medical professional’s negligence. Medical malpractice occurs when a doctor or other medical professional doesn’t provide the standard of care expected, leading to harm or injury to a patient. It’s a situation no one wants to find themselves in, but it’s essential to know that there are legal paths available if it happens.
With decades of experience, Munley Law profoundly understands the intricacies of medical malpractice cases. The attorneys at our law firm have a track record that speaks volumes about their ability to navigate these challenging cases, offering peace of mind and a sense of security in what can be an overwhelming time. Let’s dive into what medical malpractice entails and how an experienced law firm can make a significant difference in the outcome of your case. […]
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Reading Spinal Cord Injury Lawyer
Suppose you or a loved one are dealing with the life-altering consequences of a spinal cord injury (SCI) in Reading, Pennsylvania. In that case, you may struggle with physical, emotional, and financial challenges.
Medical conditions can cause spinal cord injuries, but they can also happen due to traumatic events like car accidents, falls, or sports injuries. In cases of the latter, you may be entitled to seek compensation for your losses, including medical expenses, rehabilitation costs, lost wages, pain and suffering, and future care needs.
With decades of experience in handling Reading spinal cord injury cases, Munley Law Personal Injury Attorneys have witnessed firsthand the profound impact that spinal cord injuries have on individuals and their families. We are committed to seeking justice and fighting tirelessly to secure the compensation you deserve.
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How Can I Find a Personal Injury Lawyer Near Me in Philadelphia, PA?
You can find a Philadelphia personal injury lawyer by doing initial research online, asking for recommendations from friends and family members, and then meeting with a narrowed-down list of legal professionals before making a final decision. Finding a trustworthy and experienced personal injury lawyer is the first step to seeking justice and compensation.
Munley Law has supported clients through the personal injury case process since 1959. Read on to understand how a Philadelphia personal injury attorney can assist you with your case, what to look for when searching for an accident attorney, and the best ways to find a reliable personal injury attorney near you.
The Role Personal Injury Attorneys Play in Your Case
Personal injury lawyers specialize in providing legal representation to those who have suffered physical, emotional, or financial harm as a result of an accident. They play a vital role in helping individuals who have been injured due to the negligence or wrongdoing of others. […]
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Reading Construction Accident Lawyer
If you or a loved one were injured in a Reading construction accident, know that you have options for financial recovery. At Munley Law, our construction accident lawyers serve injured Berks County residents in Reading and across Pennsylvania.
Whether you are a construction worker hurt on the job or an innocent bystander hurt due to a lack of safety measures at a construction site, Munley Law can help you get the compensation you need to recover from your injuries and regain your life.
For a free consultation, contact the Reading construction accident lawyers at Munley Law for a no-obligation consultation.
Experienced Reading Construction Accident Lawyer
According to the U.S. Bureau of Labor Statistics, falls, slips, and trips accounted for 35.3 percent of workplace deaths in the construction industry in 2020. Due to the job’s workplace conditions and physical demands, […]
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Scranton Drowsy Driving Accident Lawyer
There are certain safe driving practices that we assume others will follow on the roadways: following the speed limit, obeying traffic signs, and not getting behind the wheel while intoxicated. Unfortunately, many drivers don’t consider the risks of drowsy driving.
Drowsy driving is considered as dangerous as drunk driving, yet each year, thousands will get behind the wheel while fatigued. If you or a loved one were involved in a car accident with a drowsy driver, Munley Law is here to help.
For over 60 years, the Scranton car accident lawyers at Munley Law have helped car accident victims and their families file car accident claims. Our law firm can provide a free, no-obligation consultation and guide you through the legal process. Call Munley Law for more information.
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