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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In the fall, bikers at risk for motorcycle accidents
Motorcycle accidents can be traumatic and tragic events. Due to their lack of bodily protection, motorcycle riders are much more vulnerable than other motorists to suffer more severe injuries and deaths when accidents occur. This time of year, as drivers are viewing the beauty of the fall colors around them, they may not be paying as much attention as they should to the road.
Motorcycle fatalities rose for the third consecutive year in 2012, with 4,957 riders killed according to the National Highway Traffic Safety Administration (NHTSA). 2012, the most recent completed report, also shows that 93,000 motorcyclists were injured in crashes.
It has been reported that collisions with another vehicle account for about half of all motorcycle accidents. Information provided by the Insurance Information Institute stated that motorcyclists were about 26 times more likely than passenger car occupants to die in a crash per vehicle mile traveled and five times more likely to be injured. […]
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What Kind of Training Do Truck Drivers Get in Pennsylvania? The Answer May Shock You. Personal Injury Lawyers Explain:
What makes commercial trucks among the most dangerous vehicles on the road in Pennsylvania? Personal Injury Lawyer explains:
- What does truck driver training have to do with your trucking accident case?
- What are the chances your Pennsylvania Personal Injury Lawyers will settle your case?
- Can you afford to hire Pennsylvania Personal Injury Lawyers for assistance with your case? How much are they going to charge you?
WATCH VIDEO: PENNSYLVANIA PERSONAL INJURY LAWYERS TALK ABOUT TRUCK ACCIDENTS:
Trucking accidents are on the rise. Pennsylvania personal injury lawyers explain why:
Truck drivers are supposed to be fully trained and supervised. This is mandated by the Federal Motor Carrier Safety Administration. The weird thing is, the trucking companies are pretty much in charge of policing themselves. […]
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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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Munley Law Personal Injury Attorneys Ranked Among 2013 ‘Best Law Firms’ by U.S. News Media Group and Best Lawyers®
The Pennsylvania law firm of Munley Law Personal Injury Attorneys, has received a Metropolitan Tier 1 ranking in the practice area of Personal Injury Litigation – Plaintiffs (Allentown) in the newly released 2013 “Best Law Firms” rankings from U.S. News Media Group and Best Lawyers.®
The firm has also received a Tier 2 ranking in the area of Workers’ Compensation Law – Claimants (Allentown) in the third edition of the rankings, which can be found online at http://bestlawfirms.usnews.com.
The U.S. News – Best Lawyers® “Best Law Firms” rankings are based on a rigorous evaluation process that includes the collection of client and lawyer evaluations, peer review from leading attorneys in their field and review of additional information provided by law firms as part of the formal submission process.
In addition to the firm’s practice area rankings, four lawyers from Munley Law Personal Injury Attorneys, […]
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New Jersey Bus Driver Arrested after Causing Death of Passenger
The driver of a New Jersey Transit bus has been charged with vehicular homicide in the death of a passenger at an intersection in Passaic last month. The collision occurred after the man exited the bus and tried to cross in front of it as the driver accelerated through the intersection, according to a news report. Documents filed in the case allege that the bus driver ran a red light, hit the passenger and refused to stop despite that fact that passengers were yelling for her to stop. The driver has been a New Jersey Transit driver for 25 years.
Bus Accidents Are Common
Bus accidents are far more common than most people realize. According to the Federal Motor Carrier Safety Administration, there were more than 11,000 bus accidents across the country in 2008, injuring about 24,000 people. For those who depend on buses for transportation, […]
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Take the Time During National Fire Prevention Week to Protect Your Family Against Fires
Residents of Pennsylvania are urged to take the time this week to participate in National Fire Prevention Week. Fire Prevention Week, celebrated Oct. 7-13, has been set aside through a Presidential Proclamation as a time “to protect ourselves, our families, and our communities from fires, and we honor the courageous first responders who put their lives at risk to keep us safe.”
According to the National Safety Council, in 2010, there were 3,100 unintentional deaths related to fire, smoke and flames. Many of these fires resulted in death, serious injuries and destroyed homes.
The National Safety Council offers the following steps for families to take to prevent fires:
- Have properly working smoke alarms
- Test smoke alarms and carbon monoxide detectors monthly and change the batteries at least once a year
- Place smoke alarms on each floor of your home and in each bedroom
- Plan a family escape route and practice it once a month
- Install a home sprinkler system
- Place fire extinguishers throughout your home and make sure everyone in the house knows how to use them
One key theme of the week is to “Have 2 Ways Out!” According to Firehouse.org, […]
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New York Man Killed By Runaway Pickup Truck While Eating His Lunch Outside in Financial District
In what can only be called a freak accident, a 70-year-old clerk for the State Attorney’s Office was fatally injured last week when he was struck by a runaway truck as he ate his lunch outside a building on Broad Street in the Financial District of New York City. Witnesses said the 2008 Honda pickup accelerated out of nowhere onto the sidewalk and pinned the victim against the building. Although bystanders tried to administer CPR, he was pronounced dead at the scene.
According to news reports, the truck was driven by an employee of a security company that works in the area. Trucks are often used to keep vehicular traffic out of the pedestrian-only financial district. No charges were filed against the 50- year-old driver of the truck, who is a retired police lieutenant.
The fatal accident was a tragedy. The victim’s 29-year-old daughter said he was “a great father, […]
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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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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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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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Car Accident Report – Car Accidents Claim Lives
Fatal car accidents around the country
Father and Child Die in Pennsylvania Head-On Accident
A Wednesday night crash in Nicholson Township, about 25 miles outside of Scranton, PA, left a man and his 3-year-old daughter dead. The Times-Tribune reports the deceased man was driving a Chevy Silverado when he apparently crossed the center line on West Nicholson Road and struck a Dodge pickup head-on. The driver of the Dodge was treated for minor injuries at the hospital and was later released. The police report the child was not restrained in the vehicle and died from “massive traumatic” injuries. She and her father were both pronounced dead at the scene. Police are continuing to investigate the accident.
Chain-Reaction Accident in CT Caused by Drugged Driver
Police in Norwalk, CT say a woman who was on a day-long crack binge, and was fleeing officers, […]
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Lawsuit Settled in HS Football Player’s Death
A 2006 lawsuit filed by the parents of a Henderson County, KY high school football player who died during practice has finally been settled. Although the terms of the settlement are sealed, both parties said they were glad to put the dispute behind them.
The lawsuit claimed negligence against several school personnel and a doctor, but the suit dragged on while the insurance companies continued to argue over which one bore the most responsibility, according to Kentucky.com.
The 16-year-old football player died during practice on a hot, humid day in July. The defendants claimed the teen died due to an underlying cardiac condition.
The father said his son’s death had played a part in changes to state law and athletic regulations that deal with heat. While he said the settlement was a “bitter pill to swallow,” he also said that without filing the suit they would not have gotten the details surrounding their son’s death. […]
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Ohio Oral Surgeon Faces Second Lawsuit
The Chronicle-Telegram reports a retired Lorain, Ohio oral surgeon is being sued for an undisclosed amount by a patient who claims she “was injured and was caused to suffer seizures, neurological damage and other severe and debilitating injuries, some of which were permanent in nature,” during treatment in Dec. 2010.
According to the article, a motion attached to the lawsuit seeks a 90-day enlargement of time to file an affidavit of merit, stating “there is strong reason to believe a cause of action exists” against the surgeon and unnamed nurses, dental assistants and/or health care professionals that the suit lists as defendants.
The physician had previously been sued when a 13-year-old patient died after receiving sedation prior to oral surgery in December 2010. The doctor’s insurance company paid $1 million to the family of the deceased girl, and the 81-year-old physician stopped giving intravenous sedation and agreed to retire in September. […]
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PA Jury Awards Over $11 Million to Plane Crash Victims
A Philadelphia, PA jury awarded two victims of a 2009 plane crash, who suffered significant, permanent injuries, over $11 million in damages. The pilot and her passenger both sustained third-degree burns over 35 percent of their bodies.
The lawsuit alleged the Cessna 337 Skymaster twin-engine aircraft in which they were flying crashed shortly after takeoff due to “ineffective inspections and maintenance.” The plane crashed into a water treatment plant in Georgia after losing power in one of its engines. The second engine could not handle the extra load due to problems to it as well.
The pilot’s injuries have prevented her from returning to work as an airline pilot. She was awarded $6.458 million, which was reduced by 20 percent because of her attributable negligence, according to the court docket.
The passenger, who was a doctor, has been able to return to his work performing cancer dermatological surgeries. […]
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Four Men Die in Christmas Day Car Crash
Police suspect speeding during suboptimal conditions to be the cause of crash
Deadly Maine Accident Leaves Four Dead
A tragic Christmas Day car crash in Palermo, Maine, left four men dead – two brothers in one vehicle, and a man and his father-in-law in another. The Bangor Daily News reports the two brothers were traveling on Route 3 in an SUV that apparently lost control and skidded sideways into the path of the other car, which struck the SUV broadside. All four men died at the scene. Police are continuing to investigate, but believe the SUV was traveling too fast for conditions after a light snow dusted the roadway. The brothers were aged 18 and 21-years-old. The two men were 64 and 83-years-old.
Two Teens Die in Florida Accident
Two teenagers, both 18-years-old, died in a Sunday evening car crash in Bradenton, FL, according to My Fox Tampa Bay. […]
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Family of Injured Kentucky Nursing Home Patient to Receive $1 Million Settlement
According to an article in the Lexington-Herald Leader, a Fayette, Kentucky Circuit Court jury awarded the family of a nursing home patient $1 million for negligence resulting from a January 2009 incident. The Alzheimer’s patient, in her late 80s, at Lexington’s Cambridge Place Nursing Home suffered extensive injuries in a fall after she went missing from her room.
The lawsuit alleged the woman suffered broken bones in her face, bleeding in her brain, and a serious cut on her forehead, and various other injuries, after she fell from her Merry Walker, a walker that includes a seat, and was later found severely injured in an equipment storage room.
The case was previously reviewed by the Cabinet for Health and Family Services and the attorney general’s office. An adult-protection worker found that the woman was a “victim of caretaker neglect and had been exposed to an extreme safety risk.” […]
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