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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Pittsburgh Boat Accident Lawyer
With three major rivers converging in the heart of the city — the Allegheny, Monongahela, and Ohio — Pittsburgh’s waterways are busy with recreational boaters, fishing vessels, and commercial traffic year-round. When accidents occur on these waters, the physical, emotional, and financial toll can be overwhelming.
Munley Law’s experienced legal team has helped numerous boating accident victims recover compensation for medical bills, lost wages, and other damages. We work diligently to investigate every aspect of your case, from gathering evidence to consulting with maritime experts, ensuring you receive the maximum compensation you deserve.
Don’t let a boating accident derail your life. Contact Munley Law today for a free case evaluation with our experienced Pittsburgh boat accident attorneys. Our team is ready to evaluate your case and help you understand your legal options.
Common Causes of Boating Accidents in Pittsburgh
The beautiful rivers surrounding Pittsburgh provide countless opportunities for recreation, […]
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West Chester Medical Malpractice Lawyer
When your doctor or other healthcare provider makes a harmful or life-threatening mistake, a medical malpractice lawsuit can hold them accountable and make sure you receive proper compensation for your losses. At Munley Law, we understand the devastating impact that medical errors can have on patients and their families. Our experienced West Chester medical malpractice attorneys have spent decades representing Pennsylvanians who have suffered because of someone else’s negligence. We are ready to get to work for you today.
If you or a loved one has experienced injuries due to medical negligence in West Chester or elsewhere in Chester County, contact Munley Law for a free consultation. Our attorneys will review your case and help you understand your legal options for pursuing compensation.
Holding Negligent Medical Providers Accountable in West Chester, PA
Medical negligence and malpractice can happen at any hospital, clinic, or specialist’s office. […]
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West Chester Car Accident Lawyer
A West Chester car accident lawyer at Munley Law understands that a car crash can turn your life upside down in seconds. Our experienced attorneys have helped people in Chester County recover compensation for their injuries, medical bills, and lost wages. From serious collisions on West Chester Pike to rear-end accidents near West Chester University, we’ve successfully handled thousands of car accident claims in our community.
With 65 years of experience serving Chester County families, Munley Law knows what it takes to win against insurance companies. We work directly with local medical providers, handle all paperwork and negotiations, and fight to get you the maximum compensation you deserve. Our deep knowledge of Pennsylvania’s insurance laws and strong track record of multi-million dollar settlements sets us apart.
Don’t wait to get help after a car accident. Contact our West Chester office today for a free consultation, or we’ll come to you. […]
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Pittsburgh, PA – Car Splits In Half After Crashing Into Pole
PITTSBURGH, PA (February 27, 2025) – One person was taken to the hospital after their car was split in half in Pittsburgh on February 25.
According to news reports, emergency crews were called to the 7200 block of Penn Avenue in Pittsburgh’s Point Breeze neighborhood at 11:23 a.m.
Witnesses say the driver was speeding and appeared to lose control of the car before hitting a pole, splitting the car in half.
The driver was taken to the hospital and remains in critical condition. Police are investigating the car accident.
Speeding Car Accidents in Pittsburgh
From a legal standpoint, speeding-related car accidents in Pittsburgh involve complex considerations under Pennsylvania law. When a driver exceeds posted speed limits or drives too fast for conditions, they breach their duty of care to others on the road, potentially establishing negligence in civil claims. Pennsylvania follows a modified comparative negligence rule, […]
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Tips for Staying Awake While Driving
Driving safely requires staying alert behind the wheel. Unfortunately, data indicate that drowsy driving is not uncommon on U.S. roads. Drivers who fall asleep may cause accidents that could injure or kill other motorists and pedestrians.
Were you recently injured in such an accident? If so, compensation for medical bills, lost wages, and other such losses may be available.
Contact our car accident attorneys at Munley Law for more information about your case. We’ll help you pursue the compensation you deserve. In the meantime, we offer the following tips to help you guard against falling asleep while driving.
The Deadly Reality of Fatigue-Related Accidents
Drowsy driving is a significant problem in the U.S. According to the National Highway Traffic Safety Administration (NHTSA), drowsy driving crashes resulted in 693 fatalities on U.S. roads in 2022 alone. In 2017, […]
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