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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Can I Sue for Cerebral Palsy in Stroudsburg, PA?
Cerebral palsy, a lifelong neurological condition, impacts a person’s muscle coordination and movement ability. It is often caused by damage to the developing brain before, during, or shortly after birth. Unfortunately, birth injuries such as oxygen deprivation, trauma, or infections can be the underlying cause of cerebral palsy. If you or your child has been diagnosed with cerebral palsy in Stroudsburg, PA, resulting from a preventable medical error, you may be wondering if you have grounds for a lawsuit. It’s best to speak with an experienced Stroudsburg birth injury lawyer to learn your legal options.
Understanding Cerebral Palsy and its Causes
Cerebral palsy can result from various factors, including instances of medical negligence. When medical professionals don’t stick to the standards of care, and it hurts someone, that’s medical negligence. If you think your child has cerebral palsy because of a doctor’s mistake, […]
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Understanding Uber Accident Liability in Wilkes-Barre, PA
With more people relying on rideshare services to get from point A to point B, it’s no surprise that Uber accidents are rising. But when you’re involved in an accident with an Uber driver, knowing who is liable for your injuries and damages is important. The Uber driver, their insurance, Uber, or another driver may be held liable for an accident. However, there are set limitations on who can be held at fault. Because of the intricacies of Wilkes-Barre Uber accidents, if you’ve been hurt in a rideshare collision, you need a trusted Wilkes-Barre Uber accident lawyer from Munley Law to help you navigate liability claims.
Who Can Be Held Liable For an Uber Accident?
When an Uber accident occurs in Wilkes-Barre, determining liability can be complex due to the multiple parties involved and the unique nature of ridesharing services. […]
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What Is the Statute of Limitations for Personal Injury Claims in Wilkes-Barre, PA?
Understanding the statute of limitations for a personal injury is important for anyone seeking justice. This legal timeframe determines how long an injured party must file a lawsuit to seek compensation. Failing to file within this window can result in losing the right to sue. In Wilkes-Barre, PA, the statute of limitations for personal injury claims is generally two years from the date of the injury. However, there are exceptions to the statute of limitations; therefore, consulting with a Wilkes-Barre personal injury attorney, such as those at Munley Law, is critical for accurate and timely guidance.
What Is a Statute of Limitations?
A statute of limitations is a law setting the maximum time after an event where legal proceedings may be initiated. For personal injury claims, it is the time limit set by law for an injured party to file a lawsuit against the at-fault party. […]
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What Does a Truck Accident Lawyer Do in Allentown, PA?
If you’ve been injured in Allentown, PA, in a truck accident, you may be wondering what your next steps should be. A truck accident can be overwhelming, both physically and emotionally. That’s where an Allentown truck accident lawyer comes in. At Munley Law, we understand the challenges of being injured in Allentown, PA, and are dedicated to helping you get the compensation you deserve. But what exactly does a truck accident lawyer do in Allentown, PA? Let’s take a closer look.
Understanding the Role of a Truck Accident Lawyer
When understanding the role of a truck accident lawyer in Allentown, PA, there are a few key aspects to consider.
These lawyers specialize in helping individuals injured in truck accidents navigate the complex legal process and obtain the compensation they deserve. They have extensive knowledge of the laws and regulations surrounding truck accidents and can evaluate the specifics of your case to determine the best course of action. […]
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Who Is the Best Catastrophic Injury Lawyer in Scranton, PA?
When you’ve experienced a catastrophic injury because of someone else’s negligence, you have the right to seek legal help. Finding the right legal representation can make all the difference in the outcome of your case.
There is no shortage of personal injury lawyers in Scranton, PA, but who is truly the best? Who can you trust to give sound advice, protect your livelihood, and secure your maximum award? This question can be daunting, especially during such a difficult time. Read on to learn how to choose an experienced Scranton catastrophic injury attorney near you.
Understanding What Makes a Good Catastrophic Personal Injury Lawyer
Finding the right legal representation is crucial when faced with a catastrophic injury. You need someone with expertise and experience in handling catastrophic injury cases and understanding the specific challenges you are facing. That’s where a good catastrophic injury lawyer comes in. […]
