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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Lancaster Wrongful Death Lawyer
Lancaster, Pennsylvania, is a city steeped in history and vibrant culture, with streets like Queen Street and King Street that resonate with the echoes of the past. Local attractions such as the Lancaster Central Market and the Fulton Theatre contribute to the city’s unique charm.
But even in a place filled with such life and tradition, a tragic loss can occur in the form of wrongful death. Under Pennsylvania law, a wrongful death occurs when a loved one’s death is caused by someone else’s negligent actions. That other person is called the at-fault party and a family member can file a wrongful death action for financial compensation.
At Munley Law, we understand the profound impact of wrongful death on the surviving family members in Lancaster County. With a deep commitment to the people of Lancaster and years of successful experience handling wrongful death suits, […]
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Pottsville Workers’ Compensation & Third Party Claims
Whether you work in the thriving manufacturing sector like the Schuylkill Industrial Complex or our famous Yuengling brewery to any of Pottsville’s bars or restaurants dotting Centre Street, accidents can happen at any job , leaving you injured and unsure of your rights. When you are faced with the uncertainty of obtaining rightful compensation for your injuries, it’s important to have a legal team that understands the local landscape
Munley Law has been fighting for injured workers in Pottsville for more than six decades. Our seasoned attorneys have extensive experience representing workers in various fields, from the Minersville Anthracite Coal Region to the area’s busy healthcare facilities.
If you or a loved one has been injured at work in Pottsville, and you believe a third party may be responsible, our experienced attorneys are here to provide expert legal counsel and guide you through the process of pursuing your claim. […]
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Bensalem Car Accident Lawyer
Navigating the aftermath of a car accident is a daunting task. If you or your loved one were injured in a car crash, you need an experienced Bensalem car accident lawyer on your side to help you deal with insurance companies and focus on recovery. An attorney from Munley Law will help you understand your rights, shoulder the burden of your legal claim, and recover the compensation you deserve.
Bensalem is a bustling town nestled in the heart of Bucks County, Pennsylvania known for the tranquil beauty of Neshaminy State Park and the historic charm of the Andalusia Historic House and Gardens. But these attractions also increase congestion and the likelihood of car crashes.
At Munley Law, our lawyers are not just familiar with Pennsylvania law, but also with the local culture, landmarks, and the community spirit that makes Bensalem unique. […]
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Williamsport Premises Liability Lawyer
Williamsport, PA, home to the celebrated Little League World Series, is a community that values safety and justice. When residents or visitors face injuries on someone else’s property, they turn to Williamsport premises liability lawyers for help. With specific local regulations and guidelines to navigate, it’s essential to seek expertise from professionals such as Munley Law, a leading firm in this area.
Whether a slip on an icy sidewalk or a fall at a local business, understanding and pursuing personal injury and premises liability claims in Williamsport requires specialized legal insight.
If you’ve been injured on someone else’s property, call Munley Law.
Understanding Premises Liability in Williamsport
Understanding premises liability in Williamsport involves recognizing the legal responsibility property owners bear for injuries sustained on their property. This responsibility is not merely a broad legal concept; it’s specifically tailored to local Williamsport regulations and state laws in Pennsylvania. […]
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Williamsport Medical Malpractice Lawyer
If you or a loved one have suffered due to medical negligence in Pennsylvania, you have undoubtedly been through an incredibly taxing and overwhelming experience. Here at Munley Law, we believe that every victim who has been harmed or injured at the hands of a physician has a right to justice. You can trust Munley to provide compassionate and relentless representation as you navigate your personal injury case.
Our attorneys are renowned for their in-depth understanding of the complexities of medical malpractice cases, and are considered some of the leading lawyers in medical personal injury cases. What’s more, we have a proven track record of securing substantial compensation for our clients in Williamsport, PA and around the country.
At Munley Law, we are committed to holding negligent doctors accountable and ensuring that justice is served. With our unwavering dedication and proven track record, you can rest assured that your case will be in the hands of top-tier advocates, […]
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