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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CHESTER COUNTY — Tree Smashes Car Along PA Route 52
PENNSBURY TOWNSHIP, PA (April 8, 2025) —— A tree abruptly came crashing down on a driver’s SUV on Monday, April 7 along Pennsylvania Route 52.
The tree abruptly crashed on the back of the SUV on Monday morning, while traffic was stopped on Lenape Road before East Street Road in Pennsbury Township.
The driver who was inside the car sustained injuries from the tree falling. She was transported to a hospital for treatment. Her car was taken to the impound lot, as it was completely destroyed by the tree.
PennDOT placed a damaged sign on the northbound lane shoulder. There has been no update on any tree maintenance.
Legal Options After a Tree Falls on Your Car in Pennsylvania
When a tree falls on your car while driving on a Pennsylvania highway, you’re suddenly faced with property damage, possible injuries, […]
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LACKAWANNA, PA — Truck Driver Hospitalized After Dump Truck Rollover Accident
LACKAWANNA COUNTY, PA (April 2, 2025) —— A dump truck carrying topsoil rolled over on the morning of Wednesday, March 2.
The truck rolled near the Moosic exit on I-81 North, shutting down roads. The driver was taken to the hospital.
All roads have been reopened. This story continues to develop.
Rollover Dump Truck Accidents in Lackawanna County, Pennsylvania: Legal Steps
Dump truck rollovers represent one of the most devastating commercial vehicle accidents on Pennsylvania roads. These incidents often result from improper loading, excessive speed on curves, steep grades, or equipment failure. When these massive vehicles overturn, they can cause catastrophic injuries, property damage, and even fatalities.
If you’ve been affected by a dump truck rollover accident in Pennsylvania, consider these important legal steps:
- Seek immediate medical attention, even for seemingly minor injuries
- Document the accident scene with photos and gather witness information
- Report the accident to law enforcement and obtain a copy of the police report
- Avoid giving recorded statements to insurance companies before consulting an attorney
- Preserve evidence including medical records and communication with insurers
- Contact an experienced truck accident attorney familiar with Pennsylvania’s commercial vehicle laws
Pennsylvania follows modified comparative negligence rules, […]
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Personal Injury Lawyers in Downtown Scranton
Deep Roots in the Heart of Scranton
For over 65 years, the Scranton personal injury attorneys at Munley Law have been an integral part of Scranton’s landscape. Our family-run law firm has deep roots in this historic city, where coal mining and railroads once fueled America’s industrial revolution. Today, as Scranton continues to evolve and reinvent itself, our commitment to serving its residents remains unwavering.
With the historic buildings of downtown, Scranton’s character is defined by its resilient community and rich cultural heritage. At Munley Law, we’re proud to call this remarkable city home and to advocate for our neighbors when they need us most.
Understanding Scranton’s Unique Challenges
Life in Scranton comes with distinct challenges that can sometimes lead to accidents and injuries. Our city’s historic infrastructure, busy intersections along North Main Avenue and Pittston Avenue, industrial workplaces, and severe seasonal weather conditions all contribute to potential hazards for residents. […]
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Personal Injury Lawyers in North Side, Scranton
Proud to Serve North Scranton’s Vibrant Community
North Scranton stands as one of the city’s most distinctive and historic neighborhoods, with a rich tapestry of culture and community pride. From the bustling Providence Square to the tree-lined residential streets, this area has maintained its strong character while evolving to meet the needs of modern residents. At Munley Law, we’re honored to be part of this community’s story, representing North Scranton residents for over 65 years when they’ve needed a Scranton injury lawyer to fight for them.
Our deep connection to North Scranton means we understand the unique challenges facing residents of this neighborhood. When accidents and injuries disrupt your life, having a legal team that knows your community can make all the difference in obtaining the compensation you deserve.
Understanding North Scranton’s Unique Challenges
North Scranton’s mix of residential streets, […]
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Personal Injury Lawyers in Minooka, Scranton
The Heart of Minooka: A Community with Character
Nestled in the southwest corner of Scranton, Minooka offers a unique blend of residential charm and natural beauty that sets it apart from other neighborhoods in the Electric City. This close-knit community, with its tree-lined streets and well-established homes, has long been a favorite for families seeking a suburban feel while maintaining easy access to downtown Scranton.
At Munley Law, we’re proud to serve the residents of Minooka with the same dedication and expertise we’ve brought to all of Scranton for over 65 years. Our Scranton accident attorneys‘ deep understanding of this community and its specific needs allows us to provide personalized legal representation to those who have suffered injuries due to others’ negligence.
Understanding Minooka’s Unique Character
Minooka maintains a distinct identity within Scranton, characterized by its strong Irish heritage and community-centered lifestyle. […]
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