Negligence

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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Where Do Pedestrians Get Hit the Most?

person crossing the street as car comes around cornerWhere do pedestrians get hit the most, and who is liable for their injuries or deaths? At Munley Law Personal Injury Attorneys, we represent personal injury victims and their families who have been injured as a result of someone else’s negligence. 

If you were a pedestrian who was hit in a car accident, contact the compassionate pedestrian accident attorneys at Munley Law for a free case evaluation. 

Where Are Pedestrian Accidents Most Likely to Occur?

According to the Centers for Disease Control and Prevention (CDC), one in six people who died in car accidents in 2020 were pedestrians; this equates to more than 7,000 pedestrians killed in collisions in the year alone.

Of reporting pedestrian accidents, the CDC finds that pedestrians get hit the most in urban areas, on roadways away from intersections where drivers travel at higher speeds, […]

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Lancaster Medical Malpractice Lawyer

When you seek treatment from a healthcare provider in Lancaster, PA, you assume they will help you heal from injury and illness. You likely don’t imagine that a doctor will cause harm or that they will allow harm to befall you.
Lancaster medical malpractice attorneyUnfortunately, healthcare providers can be negligent. If you or a loved one have struggled with injuries, illness, medical bills, and other such consequences because a medical professional was negligent, you may seek compensation by filing a medical malpractice claim or lawsuit.

Serving the area for 65 years, the Lancaster medical malpractice lawyers at Munley Law can review your case and fight for the compensation you deserve if you decide to take action. Learn more by contacting us today for a free consultation.

Understanding Medical Malpractice in Lancaster, PA 

Medical malpractice occurs when a healthcare provider fails to provide a patient with the quality of care that a reasonable healthcare provider would generally offer in a given situation. […]

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Bensalem Product Liability Lawyer

Has a defective product injured you in Bensalem? Every year, faulty products like exploding pressure cookers, collapsing strollers, and malfunctioning power tools cause severe injuries to consumers. Even everyday household items can be dangerous – Bensalem product liability lawyerfrom space heaters that catch fire to unstable furniture that tips over unexpectedly.

Medical devices aren’t immune, either. Defective pacemakers, failed joint replacements, and faulty insulin pumps have caused severe harm to patients. Problems with faulty automotive parts like faulty airbags, failing seatbelts, and defective tires have led to life-threatening vehicle accidents.

If you’ve been hurt by any defective product in Bensalem, don’t face this alone. Contact the Bensalem product liability attorneys at Munley Law for a free case evaluation. Our experienced team will help you understand your rights and fight for the compensation you deserve – whether your injury came from a faulty children’s toy, […]

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Lancaster Lyft Accident Lawyer

Rideshare crashes can and do happen in Lancaster, Pennsylvania. Although scheduling a ride with Lyft may be a safe option for getting from point A to point B, it’s important to be prepared in the event of a crash. You may be eligible for compensation via the rideshare company or another such party if you’re hurt in a Lancaster Lyft accident resulting from negligence.

Learn more by discussing your case with a Lyft accident attorney with experience handling Pennsylvania Lyft accident cases. At Munley Law, an accident attorney can review your case, discuss legal options, and provide representation to fight for the compensation that’s recoverable. Learn more about how we can help after a Lyft accident in Lancaster by contacting us today for a free consultation.

Understanding Lyft Accidents in Lancaster, PA

Lancaster Lyft accident lawyerStatistics on Lyft and rideshare accidents in Pennsylvania are currently unavailable. […]

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Lancaster Uber Accident Lawyer

The path forward isn’t always clear when you’re hurt in an Uber accident in Lancaster. As an injured passenger, you may be dealing with medical bills, missed work, and the stress of recovery – all while trying to figure out who’s responsible for your injuries. At Munley Law, we’ve helped many Uber accident victims understand their rights and get the compensation they deserve, whether your Uber driver, another vehicle, or unsafe road conditions caused the accident. If you’re recovering from an Uber-related injury, let us handle your case while you focus on healing.

Understanding Uber Accidents in Lancaster, PA

As rideshare services like Uber become increasingly popular, the frequency of Uber accidents has risen — raising significant safety concerns. According to Uber’s U.S. Safety Report, Uber-related motor vehicle fatalities peaked at 153 in the 2021-2022 reporting period.  Fatalities aside, […]

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Lancaster Product Liability Lawyer

When a defective product causes injury in Lancaster, you need answers and action. At Munley Law, our attorneys identify who’s responsible – from the manufacturer to the store that sold it – and pursue maximum compensation for your injuries. If a product has harmed you or a family member, call our Lancaster product liability attorneys for a free case review. We handle injury cases involving consumer products, medical devices, and more.

Understanding Product Liability in Lancaster, PA

Product liability refers to the legal responsibility of manufacturers, distributors, and retailers for injuries caused by flawed products. In Lancaster, this area of law protects consumers who are harmed by unsafe products. There are three main types of product defects: design defects, manufacturing defects, and marketing defects.

Design Defects

Design defects occur when a product is inherently unsafe because of how it was designed. […]

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Are Electric Scooters Legal In Pennsylvania?

Electric scooters, or e-scooters, have quickly become a popular mode of transportation on the roadways of many busy U.S. cities. They’re convenient, affordable, and an eco-friendly alternative to cars. Like e-bikes, companies like Lime and Bird provide low-speed e-scooter-sharing services in cities worldwide. But while electric scooters are legal in many other places, Pennsylvania has needed to catch up in getting on board.

Current Legal Status of Electric Scooters in Pennsylvania

Right now, Pennsylvania state law has strict rules regarding e-scooters. Pennsylvania has some hurdles, unlike some states, such as California, Texas, and Washington, where you can easily rent or own one and ride freely.

Are Electric Scooters Legal In Pennsylvania?Pilot programs in some cities

Certain cities in Pennsylvania have started pilot programs to evaluate the potential impact of electric scooters, even though they still need to be fully legalized statewide. In places like Pittsburgh, companies can offer electric scooter rentals under strict rules and local laws that help city governments understand how scooters affect safety, […]

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Lancaster Nursing Home Abuse Lawyer

Placing your loved one in a nursing home or assisted living facility likely wasn’t a decision you made lightly. You thought this placement would be the best option to keep your loved one safe and ensure they received the necessary medical treatment. Elderly loved ones are, of course, more prone to injury, which is probably one reason you selected a nursing home or assisted living facility. You could have never imagined that the carefully selected facility you chose would commit elder abuse. Still, unfortunately, nursing home residents are often victims of various forms of abuse, from emotional abuse to financial abuse and medical neglect.

Understanding Nursing Home Abuse and Neglect in Lancaster, PA

In Lancaster, nursing home abuse and neglect can take many forms; the most common we see in nursing homes, assisted living facilities, and long-term care facilities include:

  • Unsanitary living conditions
  • Poor hygiene
  • Physical abuse
  • Physical neglect, […]

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Suing a Neighbor for an Injury on Their Property

Suing a Neighbor For An Injury On Their Property
Property owners are responsible for keeping the property they invite others into safe. If they fail to clear the space of hazards and someone gets hurt, the injured person has the right to sue the negligent property owners responsible for their injuries.

If you or your loved one were injured on a neighbor’s property, you have the right to file a premises liability lawsuit against their insurance company. An experienced premises liability attorney at Munley Law will guide you through the claims process and help you recover fair compensation for your injuries and losses. Call today for a free consultation.

If I’ve Been Injured at My Neighbor’s Home, Can I Sue?

The short answer is, yes, you can sue if you were injured at your neighbor’s home. However, you must be able to prove the four elements of negligence to have a valid premises liability claim. […]

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3-Car Accident: Who Is at Fault?

3-Car Accident: Who is At Fault?Statistically, multi-vehicle accidents are more dangerous than two-vehicle crashes. Why? Because there are more vehicles involved, which increases the impact points. These accidents often occur on highways or major roads where vehicles are traveling at higher speeds. Three-way car accidents can trigger a domino effect and chain-reaction accident. The force of multiple impacts can result in more severe injuries to accident victims, including traumatic brain injuries, spinal cord injuries, and internal bleeding.

If you or your loved one were in a 3-car accident, you may have the right to file a car accident claim against the responsible parties. The Munley Law car accident lawyers have won millions for our clients, including a $17.5 million car accident settlement. We offer a free initial consultation where we will provide a reasonable assessment of your claim. Fill out our online contact form or call today to schedule your consultation. […]

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When Should I Hire a Car Accident Lawyer?

A Car Accident Lawyer Can Help with Maximum Compensation

Car Damaged in Accident

Following a car accident, one choice you’ll need to make is if you need a car accident lawyer or not. Car accident victims need an ally on their side to navigate insurance companies and take on the other driver. If you are unsure how to proceed in your car accident claim, a car accident lawyer can help you determine your next steps.

If you suffered car accident injuries, learn more about when you should hire a car accident lawyer.

When You Need A Car Accident Lawyer

If you are involved in a car accident that resulted in serious injuries, lost wages, and piling medical bills, you are likely going to need a personal injury lawyer or car accident lawyer to recover damages in a car accident case. […]

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Train Derailment Lawyer

The experience of a train derailment lawyer can be invaluable after what can be a terrifying and life-altering event. With the force and impact of a train accident, severe injuries, loss of life, and significant property damage aren’t uncommon. If you or someone important to you has been injured in a train derailment, medical bills, rehabilitation, and emotional trauma might be taking their toll. With everything you’re dealing with, you may not be sure what the next move is. Train derailment lawyers understand the complexity of train accident cases and are committed to helping you get the compensation you deserve so you can focus on healing and moving forward.

Whether you were a passenger on the train, a railroad employee, or a driver or passenger in a motor vehicle involved in the crash, you may be entitled to compensation for your injuries and/or the death of your loved one. […]

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West Virginia Car Accident Lawyer

Across the nation, car accidents are an all too common cause of death, injury, and extensive emotional and psychological Car Accidentdamage. In 2019, West Virginia saw 260 fatalities from car accidents, and in 2015, car accidents caused around 8% of all injury-related hospitalizations in the state. Too many lives have been impacted and lost as a result of car accidents. 

If you or a loved one has been a victim of a car accident in West Virginia, know that you do not have to fight this battle alone. The aftermath of an accident can be even more stressful and overwhelming than the accident itself, especially as you try to balance your recovery with all the complex logistics and legalities of your situation. But there is hope: with the help of an experienced car accident lawyer, you can take on your case with confidence. […]

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Can I Sue My Neighbor for an Injury on Their Property?

When you’ve been injured on a neighbor’s property, you might feel confused, upset, and unsure about what to do next.
You may wonder about your options if you’ve suffered an injury while visiting next door. The short answer is yes, you can sue your neighbor for an injury on their property, but there’s more to consider before taking that step.

When an injury occurs on a neighbor’s property, the question of legal recourse often arises. The ability to sue a neighbor for such an injury depends on several factors and involves understanding premises liability law.  Call a premises liability lawyer at Munley Law for a free consultation to review your legal options.

Why You Might Sue Your Neighbor for an Injury on Their Property

While suing a neighbor can be a difficult decision, there are several legitimate reasons why you might need to take this step if you’re injured on their property:

  • Medical Expenses: If you’ve incurred significant medical bills due to the injury, […]

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What to Do if Your Brakes Fail on the Highway

What To Do If Your Brakes Fail on the HighwayMany of us get into our vehicles daily or multiple times a day and shift into a sort of auto-pilot when we get behind the steering wheel. Our daily commutes are mundane, making falling into a hypnotic state easy. But what happens when the lull is broken, and you realize that the usually slow push of your brake pedal isn’t doing anything, and before you know it, you’re in a car accident?

If you experience brake failure on the highway, you should keep a few things in mind to keep yourself and other drivers safe.

What to Do if Your Brakes Fail While Driving

Nothing is scarier than realizing that your brake pedals are not working. Instead of slowing down, you are moving closer and closer to another vehicle, pedestrian, or highway guard rails.

Crash Statistics from the National Highway Transportation Safety Administration (NHTSA) suggest that about 22% of vehicle-related crashes were due to brake issues. […]

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My Airbag Didn’t Go Off in a Car Accident. Can I Sue?

car accident in wilkes-barre paBeing in a car accident can be scary, especially when the safety features of your vehicle do not work the way they are supposed to. But what happens when you were in a car accident and your airbags didn’t go off and you suffered injuries. Can you sue?

In general, yes you can sue if your airbags didn’t deploy during a car accident. However, who you can sue depends on a variety of factors.

Munley Law Will Determine Why Your Airbags Did Not Deploy in a Car Accident

In 1998, the Intermodal Surface Transportation Efficiency Act of 1991 went into effect, requiring that all cars and light trucks sold in the United States to have air bags on both sides of the front seat.

Since then, all drivers have come to expect that when they are involved in a motor vehicle accident, […]

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Tamaqua Personal Injury Lawyer

If a car accident, workplace injury, truck accident, medical negligence, or other catastrophic injury has left you with medical bills and lost wages. In that case, you need a personal injury law firm with experience. The Tamaqua personalTamaqua Personal Injury Lawyer injury lawyers of Munley Law have decades of experience helping Schuylkill County residents with their most complex injury claims.

If you or a loved one were hurt in an accident and need legal advice, contact the Munley Law firm. We take on the insurance companies to ensure you get fair compensation for your injuries. Call the Tamaqua personal injury attorneys today.

Helping People in Schuylkill County and Beyond

Getting into an accident can cause physical, emotional, and financial hardships for the victim and their family. In some cases, these injuries can lead to long periods away from work, and in some cases, […]

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Can I Still Pursue Compensation If I Was Partially At-Fault for My Injuries?

The insurance system can be overwhelming after a car accident, especially when you are healing from injuries. As a no-fault state, Pennsylvania insurance policies generally make it a little easier to get your medical bills covered quickly regardless of who may have been at fault.

However, seeking compensation from another driver for injuries and damages can be complicated, depending on your insurance policy and the percentage of negligence you are responsible for. Partnering with an experienced car accident attorney will help you manage your claim and recover the most compensation available for you.

When Can I Seek Compensation from Another Driver?

Inspecting a car accident

When you can seek compensation from another driver depends on what kind of compensation you are seeking. In general, Pennsylvania’s no-fault system means that the average insurance policy does not allow you to seek compensation for medical bills or personal injuries sustained in an accident. […]

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Hospital Negligence Lawyer

Whether you’ve been hurt in an accident, are receiving specialized treatment, or are sick, being in a hospital can be a stressful experience. We trust medical professionals to provide the best standard of care, yet hospital negligenceHospital Negligence Lawyer happens. Be it inadequate hospital staff, rushed doctors, or unsanitary conditions, if your hospital stay ends in more issues, you deserve justice. That’s where the hospital negligence lawyers of Munley Law come in.

For decades, our medical malpractice attorneys have fought for the fair treatment of the sick and injured. Allow our experienced attorneys to review your case and get you the compensation you deserve.

Call the hospital negligence lawyers of Munley Law today for a no-obligation, free consultation.

What Is Hospital Negligence?

Hospital negligence is a form of medical malpractice where a hospital employee–a nurse, doctor, […]

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York Slip And Fall Lawyer

York Slip And Fall LawyerAccidents can happen when we least expect them, even in an idyllic setting such as York, PA. One of the most common types of accidents is a slip and fall incident — not only can this type of accident come as a such, it can also lead to serious injuries.

The consequences of a slip and fall can be physically, emotionally, and financially devastating. Whether you’ve slipped and fallen on a wet floor in a store, an icy sidewalk, or a poorly maintained property, it’s essential to know your rights and seek the guidance of a dedicated York slip and fall attorney. Working with a premises liability attorney can increase your changes of securing financial compensation, and can also make an overwhelming process that much more manageable.

Don’t hesitate to contact us today to schedule a free consultation with an experienced slip and fall lawyer, […]

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