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

More information about Negligence

What Are the Most Common Ways Truck Drivers Cause Crashes?

Truck Accidents Can Be Devastating. But What Causes Them to Occur?

Enduring the impact of a 50-foot, 80,000-pound commercial vehicle is one of the most traumatic things that can happen to you as a driver. Your injuries can devastate your physical health, keep you out of work, and even render you permanently disabled. Identifying the most common ways truck drivers cause crashes can give you information that may support a that you are anticipating, should you be the unfortunate victim of an accident involving a commercial truck, or can keep you well-informed about how you can do your best to steer clear of circumstances that can make you and your loved ones vulnerable to crashes involving large trucks.

If you get into a trucking accident, your first call should be to an experienced truck accident lawyer at Munley Law. We’ve been practicing truck accident law for more than 60 years and we understand how complex these cases can be. […]

Read More

More information about Negligence

What Happens When a Trucking Company Violates FMCSA Rules?

What is the FMCSA?

You probably have never heard about the Federal Motor Carrier Safety Administration, known as the . The FMCSA is a federal agency responsible for overseeing commercial motor vehicles, generally large trucks and buses, in the United States. It is charged with reducing crashes, as well as injuries and fatalities, caused by accidents involving commercial vehicles.

Even with an agency responsible for overseeing the industry, there are, of course, accidents involving commercial trucks and buses. And some of those accidents are caused by those who fail to–or choose not to–follow FMCSA regulations. Below, our truck accident lawyers explain briefly what happens when a trucking company violates federal motor carrier safety rules.

What are FMCSA Rules? Where Do they Come From?

Truck Accident Lawyer Dan Munley examines the wreckage of a truck accident

The FMCSA is a federal agency housed within the . […]

Read More

More information about Negligence

Burn Injury Attorneys

burn injury lawyer munley law

Have you or a loved one suffered serious burn injuries?

Burn injuries at workBurn injuries are painful and can leave long-lasting physical and psychological scars. Whether it is a chemical burn from an unsafe product, a burn caused by a hazard on poorly kept property, a gas explosion, or an accidental burn at a bonfire or gathering, you may need an experienced burn injury lawyer to make sure you are compensated for your medical costs and suffering.

If you or a loved one have suffered serious burns as a result of contact Munley Law Personal Injury Attorneys today to speak with one of our experienced burn injury lawyers or call us at (855) 866-5529.

Burn Injury Facts and Figures

Burn injuries are, unfortunately, an all too common occurrence across the nation.

According to the American Burn Association, […]

Read More

More information about Negligence

Negligent Security Lawyer

It’s a fear most of us have — become a victim of a crime and getting injured as a result. But what if your injury could have been prevented if proper security measures in place? You would probably feel angry and upset. No one deserves to be injured because of negligence. It’s time to take action with a negligent security lawyer.negligent security lawyer

When people visit a place of business or lodging, you have the right to expect a reasonable amount of safety. In fact, property owners have a duty to secure their premises and protect lawful visitors and patrons from foreseeable harm.

Most premises liability cases involve “accidents,” or unintended consequences of careless property owners. But what happens if you are the victim of an intentional act – a violent crime on someone’s property or at a place of business? […]

Read More

More information about Negligence

Types of Injuries Suffered in a Trucking Accident

How Serious Is a Truck Accident?

Commercial trucks are at a higher risk of causing or being involved in serious accidents, particularly because of their overwhelming size on the road, their weight, and due to truck drivers managing their vehicles on the road. If you’ve suffered an injury in a truck accident to someone else’s carelessness or negligence, injuries are often serious, require an extensive recovery process, and bring about expensive medical costs. Truck crashes often create car-on-car wrecks, and many fatal crashes, as well. You or your loved one may be entitled to financial compensation for the you sustained; however, it is in your best interest to hire a truck accident lawyer to fight the company on your behalf.

At Munley Law Personal Injury Attorneys, we have a team of truck accident lawyers with decades of experience with accidents involving large trucks. […]

Read More
Search
Categories
Archives
LCA
PA Bar Association
top 100
Super Lawyers
Best law firms
best lawyers
top 1% of trial lawyers
av
Irish Legal
BBB Accreditation Badge The information contained on this website does not create an attorney-client relationship nor should any information be considered legal advice as it is intended to provide general information only. Prior case results do not guarantee a similar outcome.
855-866-5529
Back to Top