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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Who Is At Fault When a Car Hits a Pedestrian in Philadelphia?
Pedestrian accidents are an unfortunate reality that many people face, and understanding the legal aspects of these incidents is crucial. In Philadelphia, the number of pedestrian accidents has been on the rise, making it more important than ever to understand terms like “negligence” and “liability.” Whether you’re a pedestrian who has been injured or a driver involved in an accident, knowing these terms can significantly impact the outcome of your case.
What is Negligence?
In the context of pedestrian accidents, negligence refers to the failure to exercise the level of care that a reasonable person would under similar circumstances. Drivers owe a duty of care to pedestrians, just as they do to other drivers. This means following traffic rules, being aware of one’s surroundings, and taking reasonable steps to avoid accidents. At Munley Law, our Philadelphia pedestrian accident attorneys have extensive experience in handling cases that hinge on proving negligence, […]
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Commercial Truck Accidents
A Commercial Truck Accident Can Be Catastrophic. Munley Law is Here to Help.
In a time when we click a button and expect a product to arrive at our doorstep within 24 hours, commercial trucks have become an exceptionally important part of the world as we know it. Commercial drivers ensure that goods move from point A to point B and eventually end up with us. But with a shortage of drivers and more demanding schedules, in no surprise that commercial truck accidents have increased in the past few years. Getting into a crash with a commercial truck can result in severe injuries, leading to a hefty financial debt. You will need the assistance of a truck accident attorney to help you with the burden.
If you or a loved one has been in an accident that involves a commercial truck, we are first and foremost so deeply sorry you’ve had to endure that experience. […]
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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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Why Hire a Stroudsburg Construction Accident Attorney?
Secure your Stroudsburg construction accident lawyer
Stroudsburg, the picturesque gem of the Poconos, boasts a rich history that is evident in its well-preserved historic buildings, bustling Main Street, and scenic parks. But as with any growing city, construction is a common sight, bringing with it the risks associated with construction sites. When accidents happen, it’s crucial to have the right legal team on your side. This is where the expertise of Munley Law personal injury lawyers comes into play.
Understanding Construction Accidents
Construction sites can be liabilities for various reasons:
- Inherent Dangers: Construction sites often have heavy machinery, open pits, electrical wires, and hazardous materials, all of which pose risks to workers and passersby.
- Frequent Changes:The dynamic nature of construction sites means that hazards can change daily, making it challenging to maintain a consistently safe environment.
- Multiple Entities Involved: Different contractors, […]
