Negligence

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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Philadelphia Semi-Truck Accident Lawyer

Get the Justice You Deserve Following a Semi-Truck Accident in Philadelphia

If you or a loved one has been involved in a semi-truck accident in the Philadelphia area, it’s important to understand your legal rights and options. These types of accidents can be complex, and you need an experienced Philadelphia semi-truck accident lawyer on your side to help you navigate the legal process and fight for the compensation you deserve.

Trucking accidents in Philadelphia are a serious issue, with a significant number of fatalities and injuries occurring annually. If you or a loved one are truck accident victims, it is important to speak with a Philadelphia truck accident attorney to ensure your rights are protected and you are able to recover the maximum compensation you are entitled to receive.

How Dangerous Our Semi-Truck Accidents in Philadelphia?

downtown philadelphiaPhiladelphia is a major transportation hub, […]

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Philadelphia Commercial Truck Accident Lawyer

If You’ve Suffered An Injury After a Truck Accident, You Need an Experienced Truck Accident Lawyer On Your Side

truck crash driver fled scene truck accident attorneyIf you or a loved one was injured by a truck driver’s negligence, you need an experienced Philadelphia truck accident lawyer at your side. For more than 60 years, the truck accident attorneys at Munley Law Personal Injury Attorneys have fought for families and individuals who have been injured in motor vehicle crashes or other accidents involving commercial vehicles.

As just one example, in 2018, Marion Munley, Caroline Munley, and Bob Munley reached an $8 million settlement in a wrongful death case involving a truck crash. Our experienced personal injury legal team has successfully resolved many personal injury cases just like this one. Together, we can work to recover money to compensate you for all the injuries you suffered in a trucking accident. […]

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Philadelphia Taxi Accident Lawyer

Injured in a Taxi in Philadelphia? We Can Help.

Philadelphia taxi accidentWhether you’re taking a taxi to go out with friends, to avoid trying to find parking near a busy restaurant, or heading to the airport, you expect an experienced taxi driver will get you there safely. However, taxi drivers can also be overly confident they know how to drive in a familiar city and may rush while trying to maximize their time and the fare.

We know a lot of Philly residents rely on public transportation such as taxis to get from point A to point B.

If you were injured as a passenger in a taxi cab, our Philadelphia auto accident lawyers are here to help you recover.

Getting into an accident in cab can be a stressful experience. You have no control over the vehicle or the driver, […]

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Pittsburgh Spinal Cord Injury Lawyer

Get the Compensation You Deserve After a Spinal Cord Injury 

Next to your brain, your spinal cord is one of the most essential parts of your overall body function. Any injury to the spinal cord can be catastrophic, affecting your ability to interact with the world and live independently. As a victim of a spinal cord injury, you may be dealing with anything from daily pain to permanent disability. 

If you have suffered from a spinal cord injury due to the negligence of another person, you need an experienced attorney on your side. At Munley Law, our Pittsburgh personal injury attorneys have experience in complex personal injury litigation. We can work with you to demand the justice you are owed for your injuries, obtaining the compensation you need to recover. 

Reach out to Munley Law right away to discuss your spinal injury case. […]

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Pittsburgh Texting While Driving Accident Lawyer

Texting behind the wheel makes you 23 times more likely to get into a crash. According to the Virginia Tech Transportation Institute, you are six times more likely to be in a motor vehicle crash while driving if you’re texting versus if you were intoxicated. Still, people all over the city of Pittsburgh use their phones while driving every day, and innocent people get hurt. If you were injured in a car accident in western Pennsylvania caused by someone who was texting and driving, a Pittsburgh texting and driving accident lawyer at Munley Law can help make things right. We represent drivers, passengers, pedestrians, motorcycle riders, and bicyclists who have been injured in Pittsburgh and Allegheny County by distracted drivers.

Contact a Pittsburgh car accident lawyer at Munley Law Personal Injury Attorneys today for a free consultation. We will listen to you, […]

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