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 Should I Do If I Am In a Motorcycle Crash in Easton, PA?
Motorcycle accidents are, unfortunately, common occurrences on the roads of Easton, PA. As a motorcycle rider, you understand the risks and dangers of sharing the road with larger vehicles. However, even the most experienced and cautious riders can be involved in a motorcycle accident. And if you were in an accident because of a motorcyclist’s negligence, the trauma of the motorcycle collision and catastrophic injuries can bring shock and a crippling feeling of overwhelm. If you have been in a motorcycle accident in Easton, PA, knowing what steps to take to protect yourself and your rights is important. Seek out a free consultation from an experienced Easton motorcycle accident lawyer to discuss the necessary actions you should take and how to navigate this difficult situation to get the financial compensation you are entitled to.
Ensure Personal Safety After the Motorcycle Crash
In the disorienting moments following a motorcycle wreck, […]
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How Old Can I Be to Sue for a Birth Injury in Stroudsburg, PA?
Suffering a birth injury can shatter a family’s world, hitting hard with the stark reality that their newborn’s future—and theirs—has been irrevocably changed. When medical negligence leads to birth injuries, families often find themselves swamped by emotion and driven to seek reparation for their child’s ordeal. Unfortunately, you may not learn about the mistake until you are older. If that happens, can you still sue for a birth injury? Our experienced Stroudsburg birth injury lawyer weighs in.
What is a Birth Injury?
The term birth injury covers a broad spectrum of harm inflicted on a newborn during or shortly after their arrival into the world. The impact of birth injuries on a newborn can range from quickly fading bruises to severe brain damage that might forever change their future.
Sometimes, when birth injuries occur, the aftermath of these injuries remains concealed for years, […]
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Easton Wrongful Death Lawyer
No amount of money can make up for the loss of a family member. However, financial compensation can alleviate the financial burdens you may be facing and provide future security for you and your family. The knowledge that those responsible for your loss have been held accountable can provide peace of mind.
If you have lost a loved one in Easton due to an accident or an act of negligence, the Easton wrongful death lawyers at Munley Law can help you hold the at-fault party accountable. We have helped hundreds of families like yours obtain justice in Easton and Pennsylvania, even against powerful entities.
Why Do You Need an Easton Wrongful Death Lawyer?
A wrongful death is a death that is caused by negligence on the part of another person or company. Negligence is a legal term with a unique definition in personal injury law, […]
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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. […]
