Negligence

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

More information about Negligence

Workers Compensation Lawyer for Sam’s Club Warehouse

workers comp attorneySam’s Club is a chain of warehouse stores that scores profits of $50 billion every year, boasting member-exclusive priced home and lifestyle products. However, due to the immense range of products and the speed with which the staff must work to process large order quantities, accidents amongst employees can happen. Some of these incidents could lead to life-altering injuries that require ongoing medical attention and lowered lifetime earning capacity.

The risk of injury is present for all American warehouse workers. In 2020 alone, there were 213,100 warehouse-related injuries reported in the US. The year prior, the warehouse industry saw the second-highest number of fatal workplace injuries in any industry.

If you’re one of the nation’s 100,000 Sam’s Club employees, you know that the company has faced some profiled injury settlements. As of January 2022, Sam’s Club operates 600 membership warehouse clubs in the United States. […]

Read More

More information about Negligence

Are Slip and Fall Accidents Hard to Prove?

Are Slip and Fall Accidents Hard to Prove?

Philadelphia slip and fall accident lawyersProving negligence in a slip and fall accident comes with its own complications. Were you not paying attention? Was the property it occured on your own? Or did it happen in a public space?

Though proving negligence in a slip and fall accident can be difficult, it is important to do so if you want to seek recovery for the damages you incurred.

At Munley Law Personal Injury Attorneys, we know how critical these personal injuries cases are to your overall recovery. We have been helping slip and fall accident victims for more than 60 years and we’re ready to help ensure you get the compensation you deserve.

Components of Negligence in Slip and Fall Accidents

Following a slip and fall, your main priority is to seek medical attention. […]

Read More

More information about Negligence

How Common Are Slip and Falls?

Slip and Falls Accidents are Very Common

 Slip and fall accidents remain one of the most common causes of injury in the United States with more than 3 million older adults being treated in emergency rooms for fall injuries each year. Further, slips, trips, and falls remain the most common cause of injury in retail stores.

While these accidents are common, they also can be costly. Learn more about the common causes, injuries, and costs of slip and fall accidents and how the slip and fall lawyers at Munley Law Personal Injury Attorneys can help.

What Are Common Causes of Slip and Fall Accidents?

Slip and fall accidents can occur anywhere– in residential, commercial, industrial, and public places. Because of this, there is a responsibility for everyone to keep spaces clear and free of hazards. Unfortunately, this doesn’t always happen, […]

Read More

More information about Negligence

How Long After a Slip and Fall Can You Sue?

Determining When to Sue in a Slip and Fall Case

Philadelphia slip and fall accident lawyersThe state you live in and laws surrounding personal injury and wrongful death ultimately determines how long after a slip and fall you can sue. While state laws take into account the amount of time it takes to file a claim with insurance, partake in negotiations, and in some cases, go to trial, should you miss the statute of limitations, you lose the right to seek legal recourse against the party who owned the property and caused your injury.

Learn more about slip and fall statute of limitations and how Munley Law Personal Injury Attorneys can help get the compensation you deserve for your losses.

Pennsylvania, New York, New Jersey, and Delaware Slip and Fall Statute of Limitations

For more than 60 years, the slip and fall attorneys at Munley Law Personal Injury Attorneys have been representing accident victims across Pennsylvania, […]

Read More

More information about Negligence

Should I Get a Lawyer for a Slip and Fall?

A Slip and Fall Accident Attorney Can Help

A slip and fall accident occurs when one party is injured when slipping or tripping and falling, usually on another person’s property, due to some sort of hazardous condition. This “hazardous condition” could be any number of things, such as a wet or slippery floor, a faulty handrail, or loose carpeting.

Philadelphia slip and fall accident lawyersMany people may not realize just how serious the injuries caused by a slip and fall accident can be, for anyone, but particularly people over 65.  In fact, 75% of slip and fall accident deaths occur in this age group, and 66% of all injury cases in people over 65 are the result of a fall.

If you have been injured in a slip and fall accident, you may well be entitled to compensation. But simply determining whether you have a case, let alone navigating the legal and insurance systems as you fight for compensation, […]

Read More

More information about Negligence

Can You Sue for a Slip and Fall Accident?

Slip & Fall Accidents are More Common Than You Think

Philadelphia slip and fall accident lawyersA slip and fall accident is, essentially, exactly what the name implies: one party is injured when slipping or tripping and falling, usually on another person’s property, due to some sort of hazardous condition. This hazardous condition could be anything from a faulty handrail to uneven pavement to a slippery surface.

For someone young and healthy, a fall might not sound like much to worry about, but the reality is that the ensuing injuries are often more serious than meets the eye. It’s also a far more common occurrence than you may realize; in fact, more than half a million slip and fall accidents requiring medical care occur in North America each year.

So what can you do if you are injured in a slip and fall accident? Many people may not realize that pursuing legal action is absolutely a possibility. […]

Read More

More information about Negligence

Do Most Slip and Fall Cases Settle Out of Court?

Settling a Slip and Fall Accident Case

Philadelphia slip and fall accident lawyersDo most slip and fall cases settle out of court? A slip and fall accident occurs when one party is injured when slipping or tripping and falling, usually on another person’s property, due to some sort of hazardous condition. This “hazardous condition” could be any number of things, such as a wet or slippery floor, a faulty handrail, or loose carpeting. While a fall may not sound like something serious, the reality is that it can cost much more extensive damage than one might expect. An accident of this type is particularly dangerous for people over the age of 65, who are both more prone to falling and more prone to experiencing severe injury as a result.

If you or a loved one has experienced a slip and fall accident, you may be wondering what your next steps are. […]

Read More

More information about Negligence

Can You Sue Someone for a Minor Car Accident?

What to Do If You’re In a Minor Car Accident

Inspecting a car accident

Maybe it’s a small fender-bender in the grocery store parking lot. Or perhaps a driver misjudged the lane shift and tapped into your car. Sometimes these minor car accidents happen, resulting in minimal damage to your vehicle. While it may just be an inconvenience without injury, you may wonder, can you sue someone for a minor car accident?

The answer is yes — anytime you are involved in a car accident, you have a right to file a claim with your insurance or file a lawsuit against the other driver to recover compensation. The real question is, will your case be successful for a minor car accident?

Every accident can involve both non economic damages and economic damages. So, in some cases, a personal injury claim is appropriate to recover pain and suffering damages. […]

Read More

More information about Negligence

What Happens If You Hit a Cyclist with Your Car?

Hit a Cyclist, or Injured in a Bicycle Accident? We Can Help.

bicycle accidents lawyerCar accidents involving an injured cyclist can be the worst experience anyone can have. If you’re asking yourself “What happens if you hit a cyclist with your car?” an experienced bicycle accident lawyer can help.

You may feel guilty, upset, and anxious about what happens afterward. Can the cyclist sue you for the accident? What will happen to your insurance rates? What happens next?

These are all valid concerns to have before, during, and after your time on the accident scene. Even if you were injured in the bicycle accident as well, you may be stressing over what can happen. That’s why it’s important to know what your next steps should be to protect yourself and your claim.

For over 60 years, Munley Law Personal Injury Attorneys has been helping bicycle accident and car accident victims alike with their personal injury claims. […]

Read More

More information about Negligence

Can I Sue After a Car Accident If I Was Not Hurt?

What Options Are Available After A Car Accident With No Injuries?

car crash traffic deaths

Everyone knows that if you are injured in a car accident, you have the option to file a lawsuit against the other driver. But what happens if you only suffer damage to your vehicle? Can you sue the other driver?

Even if you suffered no physical injuries during an accident caused by the negligence of another driver, you could still recover property damage costs. If your insurance company refuses to repair or replace a car you suffer heavy damage you might need to seek court action to have them repaired or replaced.

Understanding your legal rights after a car accident is paramount. Please note that Munley Law handles personal injury cases only.

Filing Car Accident Claim with Insurance Company

The best way to ensure you recover compensation and financial losses from insurance companies or liable parties in your car accident property damage settlement is to hire an experienced car accident property damage lawyer. […]

Read More

More information about Negligence

Hazleton Uber Accident Lawyer

If You Were Hurt in an Uber Accident, Contact a Hazleton Car Accident Attorney Today for Free Consultations 

uber accident lawyer near meUber provides a reliable service for anyone needing a ride in thriving cities likes Hazleton, Pennsylvania, and throughout Luzerne County. It is convenient. It helps you avoid the cost of owning and maintaining your own car. And it is smart to use a ride-sharing service like Uber, especially if you have been out on the town and want to avoid driving after having a few drinks.

While Uber can be convenient and safe, there are risks when we take a ride with Uber. A recent study conducted by the University of Chicago and Rice University, shows that car accident deaths have increased significantly with the increase in use of the Uber app.

The study suggests that the increase may be caused by Uber drivers operating their vehicles when they are distracted or tired. […]

Read More

More information about Negligence

Your Guide to Filing a Lawsuit

Munley Law Personal Injury Attorneys Personal Injury Lawyers’ Guide to Filing a Lawsuit

If a company or person has acted in negligence and caused you serious injury, you may file a lawsuit in order to obtain financial compensation from the at-fault party. But filing a lawsuit can be a challenging task. Any slight mistake can cost you the compensation that you deserve or cause further damages. That’s why you need the proper guidance and an experienced team of attorneys. 

Below, we will explain what it means to file a personal injury lawsuit and how to increase your chances of winning.

What does it mean to file a lawsuit?

filing a lawsuit personal injury lawyersA lawsuit is a formal legal case that you or your lawyer files with the court. Filing a lawsuit involves telling the court that the defendant acted negligently and hurt you (the plaintiff). […]

Read More

More information about Negligence

Determining Fault in an Auto Accident

After a car accident, hold the driver at fault accountable

The nation’s #1 personal injury lawyers explain how to determine who caused an auto collision

A crash can unquestionably change everything. Most people think that it won’t happen to them. However, 6 million drivers and passengers collide every year. The Centers for Disease Control and Prevention (CDC) reports that 3 million of those accident victims suffer serious injuries. Each year, 38,000 die in fatal car, SUV, and truck crashes. In addition to these tragic injuries and deaths, auto collisions are tremendously costly. In fact, the CDC reports that “medical care costs and productivity losses associated with injuries and deaths from motor vehicle crashes exceed $75 billion.” In most causes, determining fault in an auto accident is also the first step towards figuring out who must pay a crash victim’s expenses. However, this can be complicated. […]

Read More

More information about Negligence

Can You Sue Uber for Accident Injuries?

Uber and Lyft crashes: Can rideshare passengers sue?

If you were a passenger in a car or SUV that crashed, you may be wondering if you can sue Uber for your accident injuries. The nation’s #1 crash lawyers explain.

Last year, more than 5 million Uber driver took Americans on 6.9 billion trips. As such, the rideshare app brought in an annual net revenue of 14.1 billion. Lyft finished out the year with 23 million active users and 3.6 billion in revenue. In many ways, these innovative apps positively change how we think about transportation and the gig economy. At the very least, they alter how many of us get from Point A to Point B.

However, rideshare apps like Uber and Lyft also contribute to a growing danger in the United States. According to researchers at the Massachusetts Institute of Technology (MIT), […]

Read More

More information about Negligence

Fatal tractor trailer crash on I-81 in Lackawanna County

A Dickson City man and a Philadelphia woman were killed in a crash with a tractor trailer on I-81 in Moosic, PA at around 11:20 PM Wednesday, October 7, 2020. The Scranton Times-Tribune reports that fire departments from Moosic, Avoca and Taylor responded to the crash scene, along with multiple EMS units. The highway was shut down for hours overnight before reopening around 7AM on Thursday morning. Initial reports say that the tractor-trailer struck the victims’ vehicle while attempting to change lanes; both vehicles then went over an embankment and the car was crushed under the truck. The truck driver was not seriously injured.

Additional investigation will determine the exact cause of the crash. The days following a tractor-trailer crash will be critical in collecting and preserving evidence in order to determine if negligence contributed to this tragedy. Most tractor-trailers are equipped with black box data recorders containing all kinds of information about the truck and driver in the moments leading up to the crash. […]

Read More

More information about Negligence

Truck Accidents and Expert Witnesses

injury lawyers dan munley bob munley

Expert Witnesses in Truck Accident Cases: FAQ

 When you have a personal injury case involving a commercial truck, the stakes are high. Truck accident cases depend on highly specialized information including industry regulations, truck mechanics, and the long-term medical and economic impacts of your crash. To build a winning case, you will need the testimony of reliable witnesses, so it is essential that you have a lawyer who can bring in the right witnesses.

Who May Testify in Court As a Witness?

Not everyone has the right to come to court and testify in a truck accident case.  In order to take the stand and answer questions before a jury during a live court proceeding, a person must qualify to give testimony as a fact witness or an expert witness.

As their name suggests, fact witnesses may testify about events that they observed firsthand. […]

Read More

More information about Negligence

Frequently Asked Questions About Sepsis

Sepsis FAQ: I Was Diagnosed with Sepsis–Can I Sue the Hospital?

What is sepsis and is it serious?

According to the Center for Disease Control and Prevention (CDC), sepsis is the body’s extreme inflammatory response to an infection that occurs when harmful germs, bacteria, and toxins enter the blood, skin, lungs, urinary tract, or other tissue and cause an infection. If that infection is not treated, it can spread and cause sepsis.

The CDC classifies sepsis as a life-threatening medical emergency, sometimes resulting in the need for amputation, organ failure, and death.

Sepsis has a remarkably high mortality rate; about 50% of the 1.5 million people who contract it go into septic shock.

What Causes Sepsis?

Any infection can cause sepsis, but the most common types of infections that eventually lead to sepsis are:

  • Pneumonia and Other Lung Infections
  • Urinary Tract Infections
  • Abdominal Infections
  • Bloodstream Infections
  • Kidney Infections
  • Skin Infections

According to the CDC, […]

Read More

More information about Negligence

Nursing Home Wrongful Deaths

Pennsylvania nursing homes at the center of deadly coronavirus outbreaks

When families feel that they can no longer properly care for their loved ones at home, they frequently look to senior care facilities such as assisted living and nursing homes. While these facilities are looked to as a source of care and safety, they are proving to be hot spots for coronavirus outbreaks and deaths.  

There have been 4,218 Covid-19 related deaths in Pennsylvania according to the PA Department of Health. Of these, roughly 64% have been in nursing homes. In Lackawanna County, that number is close to 75%. The numbers in Scranton-area nursing homes are so alarming that they have prompted the Pennsylvania Attorney General’s office to launch an investigation into how these facilities have responded to the pandemic. 

Older adults are at higher risk for developing serious complications from Covid-19. […]

Read More

More information about Negligence

Bloomsburg Car Accident Lawyer

drugged driving car accident

Have you been injured in a car accident in Bloomsburg? Contact a car accident lawyer at Munley Law Personal Injury Attorneys today for a FREE consultation.

When you or your loved one have been injured in a car accident in the Bloomsburg area, your choice of legal representation matters. The car accident attorneys at Munley Law Personal Injury Attorneys have a long history of winning cases. Our lawyers have earned national recognition for their success, and have been named among the Best Lawyers in America (via Best Lawyers), Pennsylvania Super Lawyers, and the nation’s Best Law Firms (U.S. News and World Report).

For more than 60 years, the car accident attorneys at Munley Law Personal Injury Attorneys have been handling auto accident claims for injured victims and their families in Columbia County and beyond. […]

Read More

More information about Negligence

Multiple couples sue CHA Fertility Center over embryo mix-up

This week, two couple filed separate lawsuits against the same fertility clinic in California after a devastating mix-up. One mother gave birth to children who turned out not to be her own, and another would find out that her son had been born to someone else.

Father holding his baby

Here’s what happened…

A New York couple had been trying for more than six years to have children of their own. They underwent multiple cycles of in vitro fertilization (IVF), a costly process by which embryos are created using the mother’s egg and father’s sperm, stored and preserved, and then are implanted in the womb, with the hope of a successful pregnancy. After multiple failed cycles, the couple was informed that they finally succeeded, and were expecting twin girls (the embryos they created had been female). The first signs of trouble came when ultrasounds showed two male babies, […]

Read More
Search
Categories
Archives
LCA
PA Bar Association
top 100
Super Lawyers
Best law firms
best lawyers
top 1% of trial lawyers
av
Irish Legal
BBB Accreditation Badge The information contained on this website does not create an attorney-client relationship nor should any information be considered legal advice as it is intended to provide general information only. Prior case results do not guarantee a similar outcome.
844-686-5397