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Pennsylvania Personal Injury Attorney Serving Berks County and Montgomery County.
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Berks and Montgomery County PA Accident Lawyer
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Negligence
Negligence is perhaps best understood as "conduct that falls below the standard established by law for the protection of others against unreasonable risk of harm." The elements of Negligence generally needed for a successful negligence suit require the plaintiff show that each of the following are met: (1) a duty of care owed by the defendant to the plaintiff (2) a breach of that duty (3) an actual causal connection between the defendant's conduct and the resulting harm (4) proximate cause, which relates to whether the harm was foreseeable (5) damages resulting from the defendant's conduct. |
Understanding "Duty of Care"
Duty can arise in any number of situations. For example, a driver owes a duty to other motorists to drive safely and observe the rules of the road. By rear-ending another driver, the driver arguably breaches that duty. If someone was injured as a result of the driver’s failure to stop, the injured party would have a good argument that the breach was both the cause in fact and proximate cause of his or her injuries.
Professionals, such as doctors (or nurses), are also required to uphold a standard of care expected in their profession. When a doctor fails to uphold such a standard of care and an injury results, the doctor may be liable for malpractice – a tort based on the law of negligence.
If you or someone you know has been injured by someone's carless actions, watch our for your time limits and contact me today.