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 Medical Malpractice Lawyer
When doctors, nurses, or hospitals make preventable errors, patients suffer serious injuries that impact their health, ability to work, and quality of life. If you or your loved one was injured at the hands of a negligent medical provider in Chester, you have the right to file a medical malpractice claim to recover compensation for your losses.
Munley Law’s top-rated team of medical malpractice attorneys have helped Pennsylvania families recover millions in compensation after medical errors – from misdiagnosis and surgical mistakes to birth injuries and medication errors. While you focus on your health and recovery, our Chester medical malpractice attorneys will hold negligent medical professionals accountable and get you the money you need for medical bills, lost wages, and ongoing care. Call Munley Law for a free consultation about your medical malpractice case.
What Is Medical Malpractice?
Medical malpractice occurs when a healthcare provider fails to deliver care that meets accepted medical standards, […]
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Chester Wrongful Death Lawyer
If you’re searching for answers after losing a loved one due to someone else’s negligence, the Chester wrongful death attorneys at Munley Law understand the profound impact this loss has on your family. Our experienced legal team has helped families throughout Chester and Delaware County seek justice for the death of a loved one and secure their futures.
Pennsylvania law allows family members to seek compensation when negligence leads to death. At Munley Law, we’ve spent decades representing families in wrongful death cases stemming from medical errors, workplace accidents, motor vehicle crashes, and other preventable incidents. We handle the legal complexities while ensuring your family’s rights and interests remain protected throughout the process.
We know that no amount of compensation can make up for your loss. However, holding responsible parties accountable can help prevent similar tragedies and provide the financial security your family needs to move forward. […]
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Chester Workers’ Compensation Lawyer
A workplace accident can leave you unable to work, facing unexpected medical bills, and uncertain about your future. Pennsylvania’s workers’ compensation system provides important protections for injured workers, but managing the claims process while trying to recover can be challenging. Our experienced Chester workers’ compensation lawyers have helped workers in Chester, PA secure their benefits after workplace accidents, occupational diseases, and work-related injuries across all industries. We can guide you through each step in the process, from filing your initial claim to appealing denials if necessary, ensuring your rights are protected.
Contact Munley Law today for a free consultation about your work injury case. Our Chester personal injury attorneys are ready to help you understand your rights and fight for the benefits you deserve.
What Is Workers’ Compensation in Chester, PA?
Workers’ compensation is a state-mandated insurance program that protects Pennsylvania employees who get hurt or sick while performing their job duties. […]
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YORK COUNTY — Man Killed in Car Accident with Tractor-Trailer
PARADISE TOWNSHIP (March 21, 2025) —— A man died after a head-on collision with a tractor-trailer in York County on Thursday, March 20.
The driver was reportedly driving westbound but drifted across the lane divider into the eastbound lane. He then crashed into a truck at the intersection of Lake Road in Paradise Township. The crash occurred around 12:50 a.m., according to the York Coroner’s Office.
At this time there are no reports on the status of the truck driver.
All roads have reopened. Pennsylvania State police continue to investigate.
Fatal Car Accidents with Tractor-Trailers in Pennsylvania
Navigating the aftermath of a fatal car accident requires specialized legal knowledge. Insurance companies often attempt to minimize payouts, even in tragic circumstances. Truck accidents often involve multiple potentially liable parties, […]
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Aviation Accident Lawyers
When an aviation accident occurs, the aftermath can overwhelm victims and their families. If you or a loved one has been affected by an aviation incident, consulting with an aviation accident lawyer can make a difference in the outcome of your case and your ability to focus on recovery during a difficult time.
The aviation accident lawyers at Munley Law understand the unique challenges presented by aviation cases, from determining liability among multiple potential parties to navigating the specialized evidence needed to build a strong claim. We work with accident investigators, aviation experts, and medical specialists to establish causation and document the full extent of damages. Our expertise becomes particularly valuable when dealing with commercial airlines, aircraft manufacturers, maintenance providers, or air traffic control entities.
At Munley Law, we work with victims and their families who have suffered tremendously after a plane or helicopter accident. […]
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