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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Sunbury Personal Injury Lawyer
After being involved in an accident, your life can turn upside down. With mounting medical expenses, lost wages, property damage, and the emotional distress you’ve been through, you may need some help taking legal action. This is where Munley Law comes in. For more than 60 years, our Sunbury personal injury lawyers have helped injury victims recover compensation for their catastrophic injuries.
If you or a loved one were hurt due to someone else’s negligence and are looking for personal injury lawyers serving Sunbury, call the Northumberland County personal injury law firm of Munley Law to begin case evaluations.
Personal Injury Cases We Handle in Sunbury
Munley Law will take on the insurance company and liable parties for your personal injury claims. Below are the personal injury practice areas we commonly see.
Car Accidents
In 2022, […]
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Can I Sue for Chemical Burns?
Chemical burns can occur anywhere — in workplaces, homes, or public spaces — often leaving victims with severe injuries that require extensive medical treatment and time away from work. If you’ve suffered chemical burns in Pennsylvania, you have the right to pursue legal action against those responsible for your injuries.
The physical, emotional, and financial toll of a chemical burn injury can be overwhelming. Beyond the immediate medical costs, many victims face long-term rehabilitation, lost income, and permanent scarring. Pennsylvania law provides several paths to compensation, including personal injury claims, workers’ compensation, and product liability lawsuits.
At Munley Law, our personal injury attorneys have extensive experience handling chemical burn cases throughout Pennsylvania. We understand the complexity of these cases and work to identify all potentially liable parties to maximize your compensation.
Contact our law firm today for a free consultation to discuss your chemical burn injury case. […]
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Upper Darby Medical Malpractice Lawyer
The Upper Darby medical malpractice lawyers at Munley Law understand the devastating impact that medical negligence can have on patients and their families. When healthcare providers treat patients with substandard care, the consequences can be life-altering. Our team has helped numerous Pennsylvania residents navigate complex medical malpractice cases, securing the compensation they need for additional medical care, lost wages, and long-term support.
Our board-certified trial lawyers represent Upper Darby residents in cases involving surgical errors, misdiagnosis, medication mistakes, birth injuries, and other serious circumstances. We work directly with medical experts to build strong cases that demonstrate how healthcare providers deviated from proper medical standards.
Unlike general practice law firms, we focus specifically on personal injury and medical malpractice, giving us deep insight into Pennsylvania’s medical malpractice laws and procedures.
Contact our medical negligence attorneys in Upper Darby today to schedule a free consultation. […]
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Bucks County, PA – Person Rescued From Three-Car Crash
QUAKERTOWN, PA (March 6, 2025) — A crash between three cars in Bucks County occurred around 8:20 a.m., according to firefighters who were dispatched to the scene.
One person was trapped in their vehicle, requiring a side removal. Responders quickly stabilized the vehicle and freed the person before transferring them to EMS.
Hazard crews cleared the scene at the intersection of Park Avenue and South Main Street within an hour. The school bus involved in the crash reportedly did not have any children on it.
Officials continue to investigate.
Multi Car Accidents in the Philadelphia Area
Unlike simple two-car collisions, determining fault in multi-vehicle accidents often involves difficult investigations. Multiple parties may share varying degrees of responsibility, making these cases particularly challenging.
Pennsylvania’s comparative negligence laws add another layer of difficulty, […]
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Can Parents Be Held Liable for Their Teen’s Car Accident?
When your teenager starts driving, it opens up a new world of independence for them – and a new realm of responsibility for you as a parent. If your teen is involved in a car accident, you could find yourself legally and financially liable for any injuries or property damage they cause.
Parents should understand that teens face higher risk of motor vehicle crashes due to their inexperience and tendency toward distraction. And if your teen does get into a car accident, it can have serious implications for your entire family’s financial future.
Why Teens Pose an Increased Risk for Car Accidents
Statistics consistently show that teenage drivers have higher accident rates than any other age group. In fact, motor vehicle crashes are among the leading causes of death for teenagers aged 16-19. Statistically, the motor vehicle crash death rate for male drivers ages 16–19 years is three times as high as the death rate for female drivers in the same age group. […]
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