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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Upper Darby Truck Accident Lawyer
Upper Darby’s highways and busy city streets are filled with passenger vehicles, tractor trailers, and everything in between. When trucks and cars collide, the aftermath can be catastrophic. From traumatic brain injuries to lost limbs, severe injuries can be just the tip of the iceberg for accident victims and their families. At Munley Law, we’ve guided hundreds of truck accident victims through these devastating crashes. Since 1959, our team has secured multi-million dollar verdicts against negligent trucking companies and their drivers.
Our Upper Darby truck accident lawyers are recognized national leaders in commercial truck litigation. We’ve fought and won cases against every major trucking company in America, served on the boards of national trucking safety organizations, and helped shape the laws that protect Pennsylvania drivers from dangerous trucking practices.
After an accident, the trucking company’s insurance adjusters may pressure you to accept a low settlement. […]
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Upper Darby Personal Injury Lawyer
If you need an Upper Darby personal injury lawyer, Munley Law provides experienced legal representation for accident victims throughout Delaware County. Our law firm has secured millions in compensation for clients who have suffered injuries due to car accidents, workplace incidents, medical malpractice, and other instances of negligence.
Our attorneys take on all types of injury cases in Upper Darby, from medical malpractice claims to multi-vehicle accidents. We handle the investigation, documentation, and legal work while you recover. Each client works directly with a senior attorney who manages their case from start to finish.
Many of our clients come to us after trying to handle insurance claims on their own. They quickly discover that insurance companies care more about profits than paying fair compensation. We step in, take over communications with insurers, and fight to get you the money you need to cover medical care, […]
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Bensalem Spinal Cord Injury Lawyer
A spinal cord injury can transform every aspect of your life, from daily routines to future plans. At Munley Law, we’ve helped spinal cord injury victims throughout Pennsylvania secure the compensation needed for medical care, lost wages, and ongoing support. Our legal team has recovered millions for clients, with proven results in Bucks County courts.
Contact a Bensalem spinal cord injury attorney at Munley Law today for a free consultation. You don’t pay unless we win your case.
The Impact of Spinal Cord Injuries on Bensalem Injury Victims
Spinal cord injuries are serious and come with heavy physical and financial burdens. Medical bills start mounting from day one, often reaching $350,000 or more in the first year alone. Most Bensalem residents receive initial treatment at Jefferson Hospital’s Regional Spinal Cord Injury Center or Magee Rehabilitation Hospital, followed by months or years of specialized care. […]
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Paralysis Injury Lawyer
When someone else’s negligence leads to paralysis, you need clear answers about your rights and your future. Whether you were in a car accident, suffered medical malpractice, or were injured during recreation or sports, Munley Law’s paralysis injury attorneys can help.
Our paralysis injury lawyers understand that a brain or spinal cord injury can transform your life in an instant. For 65 years, Munley Law has helped paralysis victims recover the compensation needed to adapt to their new reality. We handle cases involving partial or complete paralysis that resulted from someone else’s negligence.
Our attorneys work directly with medical experts, life care planners, and economists to determine the full impact of your paralysis injury – from ongoing medical care to home modifications and lost income.
Catastrophic injuries will change your life, but Munley Law can help ensure your well-being. […]
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Northampton County, PA – Car Crash in Easton Leads to Hospitalization
NORTHAMPTON COUNTY, PA (March 5, 2025) —— A car crash in Easton occurred on March 2, leading to the hospitalization of one person.
Northampton Communications confirmed to local media that the crash occurred around 2 a.m. on the 900 block of Butler Street.
A community member’s Facebook video of the scene shows damaged cars, including one car that appears to have been pushed on top of another vehicle.
Officials continue to investigate.
Car Accidents in Northampton County, PA
Pennsylvania’s no-fault insurance system is unique. When purchasing auto insurance, Pennsylvania drivers must choose between “full tort” and “limited tort.”
Pennsylvania also follows a modified comparative negligence standard, meaning compensation can be reduced based on your percentage of fault in causing the accident. However, you can only recover damages if you’re found to be less than 51% responsible for the crash. […]
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