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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Victims Win Record Pennsylvania Wrongful Death Truck Accident Settlement
The victims of a 2010 Pennsylvania wrongful death truck accident recently agreed to a record $26.1 million settlement of their claims against the truck driver, the truck company and other defendants. The accident occurred on June 6, 2010, on Interstate 80 East when a tractor-trailer rear-ended a Toyota Matrix that was stuck in traffic for road construction. One occupant of the Toyota, the driver’s father, was fatally injured. Two others, including the driver, received serious, life-threatening injuries. Two dogs in the car were also killed.
The driver of the tractor-trailer, who apparently was speeding, said the sun was in his eyes; however, the sun was actually behind him at the time. Because the driver’s recollection of the accident appeared fuzzy, it was alleged that he may have been driving drowsy or even fallen asleep at the wheel, though this was never proven.
Pennsylvania Wrongful Death Actions
The victim of a truck accident has the option to file a personal injury accident lawsuit to recover compensation for any injuries. […]
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PA Car Accident Attorney Says Expected Increase in Fourth of July Car Travel Raises Need to Keep Safety in Mind
Scranton, PA, June 29, 2012 — Pennsylvania car accident lawyer Caroline Munley today urged the state’s residents to keep safety in mind as decreasing gas prices fuel an expected upsurge in drivers on the road this July 4th holiday.
“As more people hit the road to celebrate Independence Day and for early summer vacations, the increase in traffic congestion raises the need to be mindful of safe driving practices,” said Munley, managing partner of the Pennsylvania personal injury firm of Munley Law in Scranton.
“We urge travelers to refrain from fatigued driving, drinking and driving and distracted driving, such as using cell phones for talking or texting while driving, which are all major causes of car accidents,” she said.
The AAA auto club said it expects 42.3 million Americans to travel more than 50 miles from home over the Independence Day period, […]
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Summer starts increase of teen driver car accidents
Teens statistically more likely to be in an accident during the summertime
Scranton, PA, June 01, 2012 — Pennsylvania car accident lawyer J. Christopher Munley said today that a recent PennDOT statement about distracted driving among young drivers is a good starting point for an important conversation with their children about traffic safety and car accidents as the summer begins.
“As statistics show, the summer can be the deadliest time of year for teenage drivers,” said Munley, managing partner of the Pennsylvania personal injury firm of Munley, Munley & Cartwright, P.C. “Now is a good time for parents to talk to young, inexperienced drivers about safe driving and the seriousness of their responsibility as drivers.”
According to the National Highway Traffic Safety Administration (NHTSA), car crashes are the leading cause of death for American teenagers. In the months of June through August, […]
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Widespread Hospital Infection from Dirty Surgical Tools
Scranton, PA, March 30, 2012 — Pennsylvania medical malpractice lawyer Marion Munley called attention today to an investigative report indicating that hospital administrators and others in the medical field know that dirty surgical instruments are causing many dangerous infections in hospital patients.
A 4,200-word investigative report by the Centers for Public Integrity says hospital managers, surgical equipment manufacturers, the U.S. Food and Drug Administration (FDA) and the Centers for Disease Control and Prevention (CDC) have been grappling with growing recognition that reusable medical devices are not being cleaned properly between procedures.
“The Centers for Public Integrity report about contaminated surgical instruments implicates hospitals, device manufacturers and oversight agencies in this alarming scandal,” said Munley of Munley, Munley & Cartwright, P.C., a Scranton-based Pennsylvania personal injury firm.
“Not only could hospitals be guilty of negligence in how they clean surgical instruments, […]
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PA Truck Accident Lawyer Applauds Move to Kill Truck Bill
Scranton, PA, February 23, 2012 — Pennsylvania tractor-trailer accident lawyer Daniel W. Munley, chairman of the American Association of Justice’s Trucking Litigation Group, today applauded a Congressional committee’s move to kill part of a bill that would have reduced trucking safety on the nation’s highways.
“Proposals in the bill under consideration would have increased allowable weight and length of transfer trucks to dangerous levels,” said Munley, a partner in the regional law firm of Munley, Munley & Cartwright, whose Pennsylvania truck accident attorneys focus on tractor-trailer litigation throughout the Northeast.
“We’re glad the House transportation bill will move forward without measures that would have threatened safety on our highways,” Munley said.
Portions of a bill before the House Transportation and Infrastructure Committee would have overturned the 1991 federal ban on triple tractor trailers and raised the weight limit on transfer trucks and other commercial vehicles (CMVs) to 97,000 pounds from the current limit of 80,000 pounds, […]
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