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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Philadelphia Tractor Trailer Accident Lawyer
A tractor trailer accident can bring your life to a crashing halt. In that instant, everything can change, and the future can suddenly appear uncertain. No one should have to experience this alone. A tractor trailer accident lawyer can stand by your side and ensure you receive the help you need and obtain the compensation you deserve.
According to the Pennsylvania Department of Transportation, there were 231 heavy truck-related crashes that resulted in injuries in 2022 in Philadelphia County, more than any other county in Pennsylvania. If you or someone you love was injured by a tractor trailer in Philadelphia or the surrounding counties, the rapid-response truck accident team at Munley Law can help make things right.
Contact the Philadelphia tractor trailer accident lawyers at Munley Law Personal Injury Attorneys for a free consultation today. We will listen to you, answer your questions, […]
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What Is the Statute of Limitations For a Car Accident in Allentown?
Suppose you’ve been involved in a car accident in Allentown, Pennsylvania. In that case, you likely have numerous questions and concerns about your rights regarding your car accident case, your personal injury claim, what you are entitled to for compensation, and more. After an auto accident, knowing how much time you have to file your car accident claim is essential. At Munley Law, our Allentown car accident lawyers understand the complexities that accident victims face, and we are here to provide the guidance and legal support you need.
What is the Statute of Limitations on a Car Accident in Allentown?
When filing car accident claims in Allentown, you must be aware of the statute of limitations – the window within which you must initiate legal proceedings. Understanding this timeframe is essential for protecting your rights and ensuring you can seek the compensation you deserve. […]
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How Much Does It Cost to Hire a Catastrophic Injury Lawyer in Scranton, PA?
Disastrous events and devastating accidents can result in catastrophic injuries. These might be rare events like an explosion or train crash or common occurrences like a truck or car crash. They can also result from medical malpractice or workplace accidents. Catastrophic injuries can have a life-altering impact on the victims and their families. If you or a loved one has suffered a catastrophic injury in Scranton, PA, you may be wondering how much it will cost to hire a Scranton catastrophic injury lawyer. Let’s discuss.
What Is a Catastrophic Injury?
Catastrophic injuries are severe injuries that typically result in long-term or permanent disabilities. These injuries can affect various body areas, including the brain, spinal cord, limbs, or internal organs. Examples of catastrophic injuries include traumatic brain injury, spinal cord injuries, amputations, severe burns, and organ damage. […]
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Workers’ Compensation: Third Party Claims in York
Workplace injuries can happen unexpectedly in the heart of York County, where hardworking individuals like yourself contribute significantly to our community. When a work injury is caused by another party, understanding your rights and options is paramount. You may be able to collect additional compensation if someone causes your workplace accident. That’s why it’s important to speak with a York workers’ compensation lawyer immediately to learn your options and see what compensation is available.
What Are Workers’ Compensation Third Party Claims?
Third party claims involve seeking compensation from parties other than your employer or the workers’ compensation insurance carrier. These claims arise when a negligent party, aside from your employer, contributes to workplace injury. Understanding third party claims is crucial for maximizing your recovery, whether it’s a premises liability issue, a personal injury claim, […]
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What Do Scranton Medical Malpractice Lawyers Do?
If you or a loved one have experienced a medical error or negligence from a healthcare provider in Scranton, Pennsylvania, you may wonder about your legal options. This is where the expertise of a Scranton medical malpractice attorney comes into play.
These specialized attorneys have extensive knowledge and experience in handling cases involving medical malpractice in Scranton. They work diligently to protect the rights of their clients and help them seek justice and compensation for any harm caused by a medical professional. In this blog post, we will delve into the role and responsibilities of a Scranton medical malpractice attorney and how they can assist you in your case.
Defining Medical Malpractice
Medical malpractice occurs when a medical professional, such as a doctor, nurse, or hospital, deviates from the accepted standards of care, harming a patient. […]
