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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Head-On Truck Accidents
Don’t Take on the Truck Company Alone. Our Head-On Truck Accident Lawyer Will Fight For You.
If you or a loved one has been involved in a head-on truck accident, you may be feeling overwhelmed and uncertain of what to do next. At Munley Law, we understand the confusion and stress that comes with these types of motor vehicle accidents. That’s why we’re here to help. Our experienced truck accident lawyer will guide you through every step of the process, from investigating the accident to filing a claim and getting the compensation you deserve.
Don’t wait another second. Contact our truck accident attorney today for a free consultation.
How Do Head-On Truck Accidents Occur?
Head-on collisions are some of the most traumatic events in terms of the damage caused and often result in life-threatening injuries or even death. These collisions occur when two vehicles traveling in opposite directions collide in a frontal collision. […]
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Frequently Asked Questions About Workers’ Compensation in Bensalem
At Munley Law, we understand that navigating the world of workers’ compensation can be complex and overwhelming, especially during times of stress. That’s why we’ve created this resource – to provide you with clear, local, and relevant information about workers’ compensation in Bensalem. We have more than 60 years advocating for injured workers in Bensalem, PA.
Why Workers’ Compensation Matters in Bensalem 
Bensalem, a vibrant and bustling community in Bucks County, Pennsylvania, is home to hardworking individuals who contribute to various industries.
Whether you’re employed in healthcare, manufacturing, retail, or any other sector, understanding your rights and options when it comes to workers’ compensation is essential. Accidents and injuries can happen anywhere, and workers’ compensation serves as a safety net to protect you and your family during these unexpected moments.
Navigating Workers’ Compensation: Local Expertise at Your Fingertips
At Munley Law, […]
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York Nursing Home Abuse Lawyer
Nursing home residents deserve quality, attentive care during their golden years. Unfortunately, not all assisted living facilities and nursing staff can be trusted to care for your loved one. If you have noticed sudden change in your loved one or suspect they have suffered abuse, you need to contact a Pennsylvania nursing home abuse lawyer from Munley Law right away.
York, PA, is a thriving city with something for everyone. Founded in 1741, it played a vital role during the American Revolutionary War and even served as the temporary U.S. capital. The city boasts landmarks like the Colonial Complex and the York Central Market, and also offers a blend of art galleries, museums, and vibrant community events. York offers a unique blend of tradition and contemporary culture. Munley Law works to protect residents from abuse or neglect so that your loved one can enjoy all that York has to offer. […]
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Lancaster Pedestrian Accident Lawyer
Get the representation to get the maximum compensation you and your family deserve
Lancaster, Pennsylvania, boasts a rich history with landmarks like the Central Market and the Wheatland estate, home to the 15th U.S. President, James Buchanan. The Fulton Opera House stands as a testament to the city’s cultural heritage, while the Railroad Museum highlights its pivotal role in railway evolution. Visitors to the serene Amish farms are transported to an era of simplicity and tradition. Yet, these attractions bring a surge in pedestrian traffic.
The blend of modern and historical roads increases the risk of pedestrian accidents. Such incidents near landmarks can detract from Lancaster’s charm. Local officials prioritize safety, emphasizing the balance between preserving history and ensuring public well-being. Victims of such accidents need adept legal representation. Firms like Munley Law champion these victims, ensuring their rights amidst Lancaster’s iconic backdrop. […]
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Fatal Truck Accidents
If You Lost a Loved One in a Fatal Truck Crash, You Deserve Justice.
No amount of money can replace someone you love, but fair compensation can alleviate the financial burdens you may be facing, and provide future security for your family. And, the knowledge that those at fault have been brought to justice can provide some peace of mind. When a fatal accident is caused by a truck, you may not know what your next steps are. That’s why it’s important to speak with a lawyer who has the experience and the knowledge needed to get you compensation for your lost loved one.
Since 1959, bereaved families and individuals have turned to the truck accident lawyers at Munley Law Personal Injury Attorneys for help. Our firm is unique in that we have developed a special focus on cases involving major fatal accidents. We are ready to guide you through this difficult time. […]
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