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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Product Liability Lawyer
Every day, we depend on consumer products to live. From the vehicles we drive to the medications we take to the toys our children play with, we hope these goods have been designed, manufactured, and sold with the utmost care. Unfortunately, the products we rely on most are at risk of being dangerous or defective. If you or a loved one were hurt due to a dangerous or defective product, call the product liability lawyers of Munley Law.
For 65 years, Munley Law has represented victims in their most complex personal injury claims. Our experienced product liability lawyers have been named among the Best Lawyers in America, selected to Pennsylvania Super Lawyers, and are board-certified by the National Board of Trial Advocacy. With a track record of securing multi-million dollar settlements and verdicts, working with a personal injury attorney from Munley Law can make all the difference in your product liability lawsuit. […]
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York County, PA – Man Dies Following a Dump Truck Accident
YORK COUNTY, PA (March 3, 2025) – A man died following a fatal accident with a dump truck in West York Borough on February 28.
According to news reports, the York County Coroner was dispatched to Wellspan York Hospital for a reported fatality after a two-vehicle accident in West York Borough.
Upon investigation, the coroner learned West Manchester Township Police could not stop a driver from crashing his vehicle into a dump truck on Highland Avenue at East Market Street. The man was transported from the scene to Wellspan York Hospital, where he succumbed to his injuries.
The accident is currently under investigation.
Dump Truck Accidents in York County
Dump truck accidents in York County, Pennsylvania tend to be severe due to the vehicles’ size and weight, often resulting in catastrophic injuries or fatalities when passenger vehicles are involved. These accidents commonly occur on major roadways like I-83 and Route 30, […]
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Motorcycle Accident Lawyer
When a motorcyclist is hit by a car, truck, or another large vehicle, the results can be catastrophic, and you will need an experienced motorcycle accident lawyer to get full compensation for your injuries.. With little protection from the impact, the motorcycle rider may suffer life-threatening injuries that take months or years to heal. The aftermath of a motorcycle accident can be a harrowing time, physically and financially. As the injured victim, you have the right to seek compensation.
Your choice of law firm matters. The motorcycle accident lawyers at Munley Law have 65 years of experience representing injured victims. Our award-winning motorcycle accident attorneys have recovered significant settlements and verdicts for injured motorcyclists. We have consistently been recognized as the Best Lawyers in America and are board-certified by the National Board of Trial Advocacy. Most importantly, we get results.
Contact us today to schedule a FREE consultation. […]
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West Chester Truck Accident Lawyer
Being involved in a truck accident is unlike any other accident. Occupants in passenger vehicles are subject to the impact of a vehicle that can be over 20 times the car’s weight and size. Because of that difference alone, truck accident victims face catastrophic injuries and even death.
West Chester, a historical Pennsylvanian town that sits in between Philadelphia and Wilmington, has major trucking routes that run through it. Route 202 and Highway 322 see constance commercial truck traffic mingling with local drivers. While these trucks and their truck drivers serve an essential role in Pennsylvania and the United States’ economy, their presence makes the roads inherently more dangerous for regular drivers.
At Munley Law, our West Chester truck accident attorneys understand the devastating physical, emotional, and financial impact truck accidents have on victims and their families. Our experienced attorneys have helped thousands of Pennsylvania residents rebuild their lives after truck accidents, […]
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York Lyft Accident Lawyer
Here in York County, the rising popularity of rideshare services has unfortunately led to more car accidents on busy routes like I-83, Route 30, and downtown Market Street. After a Lyft accident, you may face mounting medical bills, lost wages, and complicated insurance claims.
Rideshare accidents differ from typical car crashes. Multiple insurance policies often apply, and your compensation might depend on whether the Lyft driver was actively transporting a passenger, heading to pick up a ride, or simply logged into the app. Pennsylvania’s insurance laws create additional challenges, making local legal expertise necessary for your case.
Experienced Lyft auto accident attorneys provide valuable support when you’re injured in a rideshare crash. Our York legal team understands the local area and the specific challenges of such cases. We’ve helped passengers and other victims handle claims involving Lyft’s insurance policy, personal insurance carriers, and third-party coverage.
Whether you were a passenger in the Lyft, […]
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