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 You Sue Someone for a Minor Car Accident?
Should You File a Claim After a Minor Car Accident?

Maybe it’s a small fender-bender in the grocery store parking lot. Or perhaps a driver misjudged the lane shift and tapped into your car. Sometimes these minor car accidents happen, resulting in minimal damage to your vehicle. While it may just be an inconvenience without injury, you may wonder, can you sue someone for a minor car accident?
The answer is yes — anytime you are involved in a car accident, you have a right to file a claim with your insurance or file a lawsuit against the other driver to recover compensation. The real question is, will your case be successful for a minor car accident?
Every accident can involve both non economic damages and economic damages. So, in some cases, a personal injury claim is appropriate to recover pain and suffering damages. […]
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Your Guide to Filing a Personal Injury Lawsuit in Pennsylvania
Guide to Filing a Personal Injury Lawsuit in Pennsylvania
If a company or person has acted in negligence and caused you serious injury, you may file a lawsuit in order to obtain financial compensation from the at-fault party. But filing a lawsuit can be a challenging task. Any slight mistake can cost you the compensation that you deserve or cause further damages. That’s why you need the proper guidance and an experienced team of attorneys.
Below, we will explain what it means to file a personal injury lawsuit and how to increase your chances of winning.
What does it mean to file a lawsuit?
A lawsuit is a formal legal case that you or your lawyer files with the court. Filing a lawsuit involves telling the court that the defendant acted negligently and hurt you (the plaintiff). In filing a lawsuit, […]
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Determining Fault in an Auto Accident
After a car accident, hold the driver at fault accountable
The nation’s #1 personal injury lawyers explain how to determine who caused an auto collision
A crash can unquestionably change everything. Most people think that it won’t happen to them. However, 6 million drivers and passengers collide every year. The Centers for Disease Control and Prevention (CDC) reports that 3 million of those accident victims suffer serious injuries. Each year, 38,000 die in fatal car, SUV, and truck crashes. In addition to these tragic injuries and deaths, auto collisions are tremendously costly. In fact, the CDC reports that “medical care costs and productivity losses associated with injuries and deaths from motor vehicle crashes exceed $75 billion.” In most causes, determining fault in an auto accident is also the first step towards figuring out who must pay a crash victim’s expenses. However, this can be complicated. […]
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Can You Sue Uber for Accident Injuries?
Uber and Lyft crashes: Can rideshare passengers sue?
If you were a passenger in a car or SUV that crashed, you may be wondering if you can sue Uber for your accident injuries. The nation’s #1 crash lawyers explain.
Last year, more than 5 million Uber driver took Americans on 6.9 billion trips. As such, the rideshare app brought in an annual net revenue of 14.1 billion. Lyft finished out the year with 23 million active users and 3.6 billion in revenue. In many ways, these innovative apps positively change how we think about transportation and the gig economy. At the very least, they alter how many of us get from Point A to Point B.
However, rideshare apps like Uber and Lyft also contribute to a growing danger in the United States. According to researchers at the Massachusetts Institute of Technology (MIT), […]
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Fatal tractor trailer crash on I-81 in Lackawanna County
A Dickson City man and a Philadelphia woman were killed in a crash with a tractor trailer on I-81 in Moosic, PA at around 11:20 PM Wednesday, October 7, 2020. The Scranton Times-Tribune reports that fire departments from Moosic, Avoca and Taylor responded to the crash scene, along with multiple EMS units. The highway was shut down for hours overnight before reopening around 7AM on Thursday morning. Initial reports say that the tractor-trailer struck the victims’ vehicle while attempting to change lanes; both vehicles then went over an embankment and the car was crushed under the truck. The truck driver was not seriously injured.
Additional investigation will determine the exact cause of the crash. The days following a tractor-trailer crash will be critical in collecting and preserving evidence in order to determine if negligence contributed to this tragedy. Most tractor-trailers are equipped with black box data recorders containing all kinds of information about the truck and driver in the moments leading up to the crash. […]
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Truck Accidents and Expert Witnesses
Expert Witnesses in Truck Accident Cases: FAQ
When you have a personal injury case involving a commercial truck, the stakes are high. Truck accident cases depend on highly specialized information including industry regulations, truck mechanics, and the long-term medical and economic impacts of your crash. To build a winning case, you will need the testimony of reliable witnesses, so it is essential that you have a lawyer who can bring in the right witnesses.
Who Can Testify as an Expert Witness in a Truck Accident Case?
Not everyone has the right to come to court and testify in a truck accident case. In order to take the stand and answer questions before a jury during a live court proceeding, a person must qualify to give testimony as a fact witness or an expert witness.
As their name suggests, […]
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Frequently Asked Questions About Sepsis
Sepsis FAQ: I Was Diagnosed with Sepsis–Can I Sue the Hospital?
What is sepsis and is it serious?
According to the Center for Disease Control and Prevention (CDC), sepsis is the body’s extreme inflammatory response to an infection that occurs when harmful germs, bacteria, and toxins enter the blood, skin, lungs, urinary tract, or other tissue and cause an infection. If that infection is not treated, it can spread and cause sepsis.
The CDC classifies sepsis as a life-threatening medical emergency, sometimes resulting in the need for amputation, organ failure, and death.
Sepsis has a remarkably high mortality rate; about 50% of the 1.5 million people who contract it go into septic shock.
What Causes Sepsis?
Any infection can cause sepsis, but the most common types of infections that eventually lead to sepsis are:
- Pneumonia and Other Lung Infections
- Urinary Tract Infections
- Abdominal Infections
- Bloodstream Infections
- Kidney Infections
- Skin Infections
According to the CDC, […]
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Nursing Home Wrongful Deaths
Pennsylvania nursing homes at the center of deadly coronavirus outbreaks
When families feel that they can no longer properly care for their loved ones at home, they frequently look to senior care facilities such as assisted living and nursing homes. While these facilities are looked to as a source of care and safety, they are proving to be hot spots for coronavirus outbreaks and deaths.
There have been 4,218 Covid-19 related deaths in Pennsylvania according to the PA Department of Health. Of these, roughly 64% have been in nursing homes. In Lackawanna County, that number is close to 75%. The numbers in Scranton-area nursing homes are so alarming that they have prompted the Pennsylvania Attorney General’s office to launch an investigation into how these facilities have responded to the pandemic.
Older adults are at higher risk for developing serious complications from Covid-19. […]
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Bloomsburg Car Accident Lawyer
Have you been injured in a car accident in Bloomsburg? Contact a car accident lawyer at Munley Law Personal Injury Attorneys today for a FREE consultation.
When you or your loved one have been injured in a car accident in the Bloomsburg area, your choice of legal representation matters. The car accident attorneys at Munley Law Personal Injury Attorneys have a long history of winning cases. Our lawyers have earned national recognition for their success, and have been named among the Best Lawyers in America (via Best Lawyers), Pennsylvania Super Lawyers, and the nation’s Best Law Firms (U.S. News and World Report).
For more than 60 years, the car accident attorneys at Munley Law Personal Injury Attorneys have been handling auto accident claims for injured victims and their families in Columbia County and beyond. […]
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Multiple couples sue CHA Fertility Center over embryo mix-up
This week, two couple filed separate lawsuits against the same fertility clinic in California after a devastating mix-up. One mother gave birth to children who turned out not to be her own, and another would find out that her son had been born to someone else.

Here’s what happened…
A New York couple had been trying for more than six years to have children of their own. They underwent multiple cycles of in vitro fertilization (IVF), a costly process by which embryos are created using the mother’s egg and father’s sperm, stored and preserved, and then are implanted in the womb, with the hope of a successful pregnancy. After multiple failed cycles, the couple was informed that they finally succeeded, and were expecting twin girls (the embryos they created had been female). The first signs of trouble came when ultrasounds showed two male babies, […]
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Pottsville Medical Malpractice Lawyer
If you or someone you love suffered due to medical negligence in the Pottsville area, contact a Pottsville medical malpractice lawyer at Munley Law Personal Injury Attorneys for a free consultation
When someone suffers harm because of medical mistakes or failure to follow a standard of care, the negligent caregiver should be held responsible. As the patient or patient’s family member, you may be eligible for financial compensation for your suffering. The medical malpractice lawyers at Munley Law Personal Injury Attorneys can help. For nearly 60 years, our personal injury lawyers have helped people like you who have been harmed by medical errors or negligence.
Medical malpractice cases are often very complex. It is vital that you consult with an experienced medical malpractice attorney in Pottsville to ensure your have the best chance of recovering full and fair compensation for your losses. […]
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Unsecured Loads and Road Debris Cause Deadly Crashes
Road debris and unsecured loads cause avoidable, deadly accidents.
Imagine traveling down the highway at 60 mph and seeing a piece of scrap metal come flying off the back of a truck into your windshield. Or being hit by a driver who swerved to avoid a piece of furniture on the road. While these might sound like freak accidents, these sorts of crashes happen too often.
According to a new study from the AAA Foundation for Traffic Safety, unsecured loads and debris in the road lead to 200k crashes between 2011-2014. During that time, debris-related crashes caused 39,000 injuries and 500 deaths.
“Road debris” includes anything from a shredded tire to a sofa, to a detached trailer. This excludes “natural” debris like tree branches or animals in the roadway.
All 50 states have laws against road debris and unsecured loads. Penalties range from a fine to jail time. […]
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“Textalyzer” Could Help Reduce Distracted Driving
Distracted driving, perhaps the biggest road safety scourge of the decade, is getting worse nationwide.
In Pennsylvania, for instance, distracted driving citations increased by 43% from 2014 to 2015; in our home of Lackawanna County, the number of distracted driving citations skyrocketed from 32 to 115, according to the Scranton Times-Tribune.
Last week, our own Dan Munley was quoted about a recent case in which a Lawrence County judge ruled that a person texting a distracted driver who then got into a crash could potentially be held accountable.
In order to combat this growing problem, some safety advocates have suggested that we begin viewing distracted driving the same way we view drunk driving. While distracted driving does not involve the consumption of an intoxicating substance, distraction can impair your driving ability just as much as alcohol, and it is just as dangerous. […]
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Dog bite prevention: What everyone should know
A dog bite can turn a trip to the park into a trip to the emergency room. It can leave both physical and psychological scars.
As the weather warms up, people spend more time outdoors, especially with their pets. That means that dogs and people, particularly young children, come into contact with each other more frequently. What many people don’t think about is the possibility of a dog bite situation.
In fact, over 4 million dog bites occur each year. And while it might not sound like a serious concern, dog bites or dog attacks can be traumatizing and can result in extremely serious injuries or disfigurement. Children are more likely to be bitten by a dog than any other age group.
Fortunately, there are some ways that dog owners, parents, and everyone else can help prevent a dog bite from happening. […]
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Concussion Lawsuit Against NHL Gains Momentum
We’ve already heard a lot about the lawsuit against the NFL filed by thousands of former players and their families who have suffered due to football-related head injuries. A growing body of evidence links traumatic brain injuries (such as those sustained by athletes) to serious long-term effects, drug use, depression, and suicide.
It should come as no surprise that a similar class-action lawsuit against the National Hockey League is gaining momentum. In recent weeks, the number of former players involved in the suit has nearly doubled. Earlier this week, Steve Montador, an NHL retiree with a history of concussions was found dead at the age of 35. It was a concussion that ended Montador’s career in 2012, and he admitted to struggling with depression the following year.
There are several blogs and papers online that explain what many people do not realize about head injuries. […]
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Auto Accidents Caused by Defective Roads
Sometimes it is the road that is at fault in an auto accident. Defective road conditions can cause a driver to lose control of his/her car, leading to an auto accident that can result in serious personal injury or death. But when the road is at fault, who is responsible for your injuries?
Roads in Pennsylvania are the responsibility of either the state or local municipalities. Although Pennsylvania’s Sovereign Immunity Act generally bars suits against the Commonwealth and other government entities, dangerous conditions on highways created by potholes, sinkholes or similar conditions are exempt from sovereign immunity.
The Pennsylvania defective road condition car accident attorneys of Munley Law believe that when hazardous road conditions lead to accidents, injury, or death, the responsible government agency and/or a private contractor that worked on the road should be held accountable. The victims of accidents caused by unsafe roads deserve full and fair compensation for their injuries and losses. […]
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In the fall, bikers at risk for motorcycle accidents
Motorcycle accidents can be traumatic and tragic events. Due to their lack of bodily protection, motorcycle riders are much more vulnerable than other motorists to suffer more severe injuries and deaths when accidents occur. This time of year, as drivers are viewing the beauty of the fall colors around them, they may not be paying as much attention as they should to the road.
Motorcycle fatalities rose for the third consecutive year in 2012, with 4,957 riders killed according to the National Highway Traffic Safety Administration (NHTSA). 2012, the most recent completed report, also shows that 93,000 motorcyclists were injured in crashes.
It has been reported that collisions with another vehicle account for about half of all motorcycle accidents. Information provided by the Insurance Information Institute stated that motorcyclists were about 26 times more likely than passenger car occupants to die in a crash per vehicle mile traveled and five times more likely to be injured. […]
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What Kind of Training Do Truck Drivers Get in Pennsylvania? The Answer May Shock You. Personal Injury Lawyers Explain:
What makes commercial trucks among the most dangerous vehicles on the road in Pennsylvania? Personal Injury Lawyer explains:
- What does truck driver training have to do with your trucking accident case?
- What are the chances your Pennsylvania Personal Injury Lawyers will settle your case?
- Can you afford to hire Pennsylvania Personal Injury Lawyers for assistance with your case? How much are they going to charge you?

WATCH VIDEO: PENNSYLVANIA PERSONAL INJURY LAWYERS TALK ABOUT TRUCK ACCIDENTS:
Trucking accidents are on the rise. Pennsylvania personal injury lawyers explain why:
Truck drivers are supposed to be fully trained and supervised. This is mandated by the Federal Motor Carrier Safety Administration. The weird thing is, the trucking companies are pretty much in charge of policing themselves. […]
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Munley Law Personal Injury Attorneys Attorneys Selected for 2014 Best Lawyers in America
Five attorneys from the Munley Law Personal Injury Attorneys firm have been selected by their peers for inclusion in The Best Lawyers in America 2014. Best Lawyers is the oldest and most highly respected peer review guide to the legal profession worldwide. Robert W. Munley, Sr., and Marion Munley were selected in the fields of Personal Injury Litigation – Plaintiffs and Product Liability Litigation – Plaintiffs. Robert W. Munley, III, and Daniel W. Munley were selected in the field of Personal Injury Litigation – Plaintiffs. James Christopher Munley was selected in the field of Workers’ Compensation Law – Claimants.
History Speaks For Itself
For more than 55 years, the family of lawyers at Munley Law Personal Injury Attorneys have been helping clients all over the country with their claims. Munley Law Personal Injury Attorneys has proven time and again to be leaders in truck accident litigation, […]
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Iraqi Vet From Carbondale Wins $3.7 Million for PTSD
A Pennsylvania federal judge has awarded $3.7 million to an Iraqi war veteran who said Veterans Affairs doctors failed to properly treat his post-traumatic stress disorder.
U.S. District Judge James Munley issued an order January 16 in favor of Stanley Laskowski III and his wife Marisol.
Laskowski was treated at the Department of Veterans Affairs Medical Center in Plains Township.
Since October 2001, approximately 1.6 million U.S. troops have been deployed in Afghanistan and Iraq. Evidence suggests that many returning service members suffer from post-traumatic stress disorder, depression and traumatic brain injury.
This is from the Times Leader:
Laskowski, of Carbondale, filed suit against the VA in 2010, alleging physicians there were grossly negligent in the care they provided him for PTSD he developed during a tour of duty in Iraq with the U.S. […]
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