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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Munley Law Personal Injury Attorneys Attorneys Selected for 2014 Best Lawyers in America
Five attorneys from the Munley Law Personal Injury Attorneys firm have been selected by their peers for inclusion in The Best Lawyers in America 2014. Best Lawyers is the oldest and most highly-respected peer review guide to the legal profession worldwide. Robert W. Munley, Sr. and Marion Munley were selected in the fields of Personal Injury Litigation – Plaintiffs, and Product Liability Litigation – Plaintiffs. Robert W. Munley, III and Daniel W. Munley were selected in the field of Personal Injury Litigation – Plaintiffs. James Christopher Munley was selected in the field of Workers’ Compensation Law – Claimants.
History Speaks For It’s Self
For more than 55 years, the family of lawyers at Munley Law Personal Injury Attorneys have been helping clients all over the country with their claims. Munley Law Personal Injury Attorneys has proven time and again to be leaders in truck accident litigation, […]
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Iraqi Vet From Carbondale Wins $3.7 Million for PTSD
A Pennsylvania federal judge has awarded $3.7 million to an Iraqi war veteran who said Veterans Affairs doctors failed to properly treat his post-traumatic stress disorder.
U.S. District Judge James Munley issued an order January 16 in favor of Stanley Laskowski III and his wife Marisol.
Laskowski was treated at the Department of Veterans Affairs Medical Center in Plains Township.
Since October 2001, approximately 1.6 million U.S. troops have been deployed in Afghanistan and Iraq. Evidence suggests that many returning service members suffer from post-traumatic stress disorder, depression and traumatic brain injury.
This is from the Times Leader:
Laskowski, of Carbondale, filed suit against the VA in 2010, alleging physicians there were grossly negligent in the care they provided him for PTSD he developed during a tour of duty in Iraq with the U.S. […]
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EMS Driver Caught Driving Drunk
State police in Swiftwater arrested a woman for driving an EMS vehicle drunk on December 29.
The emergency service driver was stopped for speeding and following another vehicle too closely. Arresting officers determined she was too impaired to drive.
Each year automobile accidents in Pennsylvania claim the lives of more than 1,000 people and injure another 85,000 more. More than 70 percent of the state’s auto accidents in 2010 resulted in an injury or fatality.
Far too many of these wrecks were caused by a driver’s negligence or recklessness.
Following is from the Scranton Times-Tribune:
A Monroe County woman was arrested Saturday for driving an emergency medical services vehicle while under the influence.
State police at Swiftwater stopped Stacy M. Ems, 23, Paradise Twp., around 1 AM for speeding and following another vehicle too closely on Buttermilk Falls Road, […]
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4 Pennsylvania School Bus Accidents In One Week
Week in early December 2012 yields high amount of school bus accidents
In less than a week, there were four separate school bus wrecks in Pennsylvania – with dozens of students being rushed to hospitals.
Contributing factors included inclement weather, hazardous road conditions, decreased visibility due to shorter days and increased holiday traffic.
There were 121,312 reportable traffic wrecks in Pennsylvania in 2010, according to the state Department of Transportation. A total of 1,324 people were killed in Pennsylvania automobile crashes that year, and 88,000 were injured.
Following are summaries of the four school bus wrecks, all of which occurred in early December:
- 20 York County students taken to the hospital. The school bus they were riding in was struck from behind by a sports utility vehicle just after 7 AM on December 14. The extent of the injuries was unknown, […]
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Family Wins $2.85 Million in Auto Wrongful Death Lawsuit
A Dauphin County jury has awarded $2.85 million to the family of a Hummelstown man killed in a 2006 wreck.
Fifty-seven-year-old William H. Smith was killed when a backhoe fell off a hauling trailer on I-83 and struck the vehicle he was driving. The backhoe had been negligently placed on the trailer.
In Pennsylvania, the family of someone killed in an automobile accident caused by the negligence of another person or company can file a wrongful death lawsuit against the responsible parties.
Here is a report in The Patriot-News about the Dauphin County verdict:
Smith, a father of two, died on Jan. 3, 2006 when a backhoe was jolted from a tractor trailer on Interstate 83 and its bucket slammed into his sport utility vehicle.
Smith’s wife, Linda, filed suit a year after her husband’s death. […]
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