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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Seeking Compensation for Severe Injuries in Scranton Motorcycle Accidents
Motorcycle riding provides an exhilarating sense of freedom and thrill unmatched by any other form of transportation, yet it comes with its risks – particularly accidents. The Scranton motorcycle accident lawyers at Munley Law understand the unique dangers motorcyclists face on the road. Our dedicated team of personal injury attorneys stands ready to support victims who have sustained severe injuries in motorcycle accidents – fighting tirelessly on behalf of victims’ rights while fighting to obtain fair compensation to aid in recovery and secure future success.
Motorcycle accidents can have life-changing repercussions, often leading to severe injuries or fatalities. Motorcyclists lack protection from other vehicles during collisions; as a result, when an accident happens, its consequences can be swift and damaging. Munley Law strives to offer our clients top-tier legal representation while at the same time showing compassion and understanding during these trying times.
What Are Common Motorcycle Accident Injuries? […]
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What Are the Most Dangerous Roads in Philadelphia?
What Are the Top Philadelphia Roads That Car Accidents Occur?
A car accident can happen anywhere in Philadelphia. But there are some roads and intersections that are more dangerous than others. Accidents occur more often at certain locations that are more heavily traveled. There are also some roads that are inherently dangerous based upon the characteristics of the highway itself, such as narrow lanes, sharp curves, or reduced sight lines.
In fact, Philadelphia has four of the ten most dangerous highways and road segments in Pennsylvania. Some intersections also have significantly higher crash statistics than other locations throughout Philadelphia.
If you were injured in a car accident on one of Philadelphia’s deadliest roads, contact our Philadelphia car accident lawyer for a free consultation. Munley Law Personal Injury Attorneys is happy to discuss your legal options following a traffic accident in Philadelphia. […]
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Philadelphia Fatal Truck Accident Lawyer
Fatal Commercial Truck Accidents in Philadelphia
Commercial trucks provide a necessary service and form an integral part of the national economy. But commercial trucks are also dangerous, especially when driven on the narrow streets of Philadelphia. If you’ve lost a loved one in an accident with a commercial vehicle, you may have a legal claim that can alleviate the financial burdens you and your family now must navigate.
For more than 60 years, the Philadelphia fatal truck accident attorneys at Munley Law have fought for families and individuals who have lost a family member because of someone else’s wrongful action. As just one example, in 2018, Marion Munley, Caroline Munley, and Robert Munley III reached an $8 million settlement in a wrongful death case involving a truck crash. Our experienced Philadelphia truck accident lawyers have successfully resolved many personal injury cases just like this one, […]
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When is the Trucking Company Liable?
Know what criteria and laws fault trucking companies as the guilty party in a truck accident
If you or a loved one has been in a truck accident, chances are you are not sure whether or not the truck driver or the trucking company, or both, are ultimately responsible. Truck accidents are complex and multi-faceted; fault can range from broker liability to driver fatigue. Overwhelming, stressful events like this are best dealt with by consulting a truck accident lawyer who has a successful track record, and who has the resources and expertise to manage all the details of your particular case.
At Munley Law, our truck accident attorneys have decades of experience, are nationally recognized, and are experts at aggressively pursuing the justice and compensation that truck accidents deserve. Our team includes Daniel Munley and Marion Munley, nationally recognized as the top Pennsylvania trucking lawyers in the nation. […]
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What Are the Causes of Jackknife Truck Accidents?
Can You Avoid a Jackknife Truck Accident?
A jackknife accident is exclusive to involving semi-trucks and tractor-trailers, and can range from creating minor or major damages; often, the outcome of these accidents is significant and devastating. The causes for these types of accidents vary, but the consistent factor is that an environmental or mechanical fault instigates the truck to jackknife at the sudden onset. Commercial trucks can weigh more than 80,000 pounds and are 25 times the size of an average passenger vehicle. Needless to say, the impact and force of such an accident can bring about serious injuries, especially to passenger car victims.
If you or your loved one have been involved in a jackknife truck wreck, contact an experienced truck accident lawyer to seek compensation from the truck driver, trucking company, or others that may be potentially negligent in the truck accident. […]
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