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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Lancaster Product Liability Lawyer
When a defective product causes injury in Lancaster, you need answers and action. At Munley Law, our attorneys identify who’s responsible – from the manufacturer to the store that sold it – and pursue maximum compensation for your injuries. If a product has harmed you or a family member, call our Lancaster product liability attorneys for a free case review. We handle injury cases involving consumer products, medical devices, and more.
Understanding Product Liability in Lancaster, PA
Product liability refers to the legal responsibility of manufacturers, distributors, and retailers for injuries caused by flawed products. In Lancaster, this area of law protects consumers who are harmed by unsafe products. There are three main types of product defects: design defects, manufacturing defects, and marketing defects.
Design Defects
Design defects occur when a product is inherently unsafe because of how it was designed. […]
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Are Electric Scooters Legal In Pennsylvania?
Electric scooters, or e-scooters, have quickly become a popular mode of transportation on the roadways of many busy U.S. cities. They’re convenient, affordable, and an eco-friendly alternative to cars. Like e-bikes, companies like Lime and Bird provide low-speed e-scooter-sharing services in cities worldwide. But while electric scooters are legal in many other places, Pennsylvania has needed to catch up in getting on board.
Current Legal Status of Electric Scooters in Pennsylvania
Right now, Pennsylvania state law has strict rules regarding e-scooters. Pennsylvania has some hurdles, unlike some states, such as California, Texas, and Washington, where you can easily rent or own one and ride freely.
Pilot programs in some cities
Pilot programs in some citiesCertain cities in Pennsylvania have started pilot programs to evaluate the potential impact of electric scooters, even though they still need to be fully legalized statewide. In places like Pittsburgh, companies can offer electric scooter rentals under strict rules and local laws that help city governments understand how scooters affect safety, […]
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How to Report Unsafe Working Conditions in Pennsylvania
If you’re working in Pennsylvania and you have discovered or you have been injured by unsafe conditions at work, you should know your rights and the steps you can take to protect yourself and your coworkers.
The workers’ compensation attorneys here at Munley Law firm have put together this guide to help you understand the laws that protect you, how to report any hazards you find, and what to do if you get hurt on the job.
Laws Pertaining to Unsafe Working Conditions in Pennsylvania
The Occupational Safety and Health Act (OSHA) of 1970 governs workplace safety at the federal level. In Pennsylvania, the state’s laws work in tandem with OSHA to ensure that employers provide safe working environments for their employees. Employers are legally required to identify and address workplace hazards and any safety violations to prevent accidents and injuries. […]
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Reading Erb’s Palsy Lawyer
At Munley Law, we understand the challenges parents face when their child suffers from birth injuries like Erb’s palsy. Our experienced Reading, Erb’s palsy attorneys specialize in birth injury cases, and can help your family recover the financial compensation you deserve.
What Is Erb’s Palsy?
Erb’s palsy, also known as brachial plexus birth palsy, is a condition that occurs when the nerves in a baby’s upper arm are damaged during birth. This injury affects the brachial plexus—a network of nerves responsible for movement and sensation in the shoulder, arm, and hand. Babies with Erb’s palsy may have weakness, loss of movement, or even paralysis in the affected arm. While some infants recover over time with therapy, others may face lifelong limitations.
Is Erb’s Palsy the Same Thing as Brachial Plexus?
Erb’s palsy is a specific type of brachial plexus injury. […]
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Gas Explosion Lawyer
Gas explosions are devastating events that can change lives in an instant. Whether at a job site or at home, these explosions can lead to catastrophic damage and cause severe, even life-threatening injuries, fatalities, and destruction that affect surrounding buildings and families. For survivors, the road to recovery can be long and difficult, both physically and emotionally. If you or a loved one has been injured in a gas explosion, the path forward may feel uncertain. You don’t have to face it alone.
At Munley Law, our gas explosion lawyers understand the unique challenges of these cases. We are here to help victims and their families seek justice and secure the compensation they deserve. With decades of experience handling catastrophic injury cases, we have the expertise to hold the responsible parties accountable and guide you through every step of the legal process.
Understanding Gas Explosions
When gas ignites, […]
