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
Hazleton Pedestrian Accident Lawyer
You were walking or jogging in Hazleton and, in an instant, everything changed. Something happened and all of a sudden you were on the ground in pain, wondering how you would be able to provide for your family.
You were injured in a pedestrian accident that wasn’t your fault.
Now it is up to you to try to put the pieces back together.
Pedestrian accidents are an all-too-common occurrence. From driver negligence to poor crosswalk engineering, there are numerous factors that can create circumstances in which pedestrians are helpless to avoid being injured. While pedestrian accidents can – and generally should – be avoided with safe driving, they continue to occur on a routine basis. Those who are at fault deserve to be held legally and financially accountable.
At Munley Law Personal Injury Attorneys, we are committed to fighting for injured pedestrians in Hazleton, […]
More information about Negligence
Hazleton Catastrophic Injury Lawyer
If you or a loved one experienced a catastrophic injury as the result of a traumatic accident, it is critical that you get the right legal representation. Our attorneys have decades of experience representing accident victims in Hazleton and throughout Pennsylvania.
A catastrophic injury can impact your life in more ways than most people can comprehend. From chronic pain and limited mobility to physical disabilities and emotional trauma that interfere with your ability to work and enjoy life, suffering a catastrophic injury can truly mean that life will never be the same.
If you or a close family member has been diagnosed with a catastrophic injury as a result of an accident in which another person or company was to blame, you deserve compensation for your injury-related losses. While no amount of money can truly restore what you have lost, asserting your legal rights can be critical to your recovery and your family’s long-term financial stability. […]
Read MoreMore information about Negligence
Pottsville Medical Malpractice Lawyer
If you or someone you love suffered due to medical negligence in the Pottsville area, contact a Pottsville medical malpractice lawyer at Munley Law Personal Injury Attorneys for a free consultation
When someone suffers harm because of medical mistakes or failure to follow a standard of care, the negligent caregiver should be held responsible. As the patient or patient’s family member, you may be eligible for financial compensation for your suffering. The medical malpractice lawyers at Munley Law Personal Injury Attorneys can help. For nearly 60 years, our personal injury lawyers have helped people like you who have been harmed by medical errors or negligence.
Medical malpractice cases are often very complex. It is vital that you consult with an experienced medical malpractice attorney in Pottsville to ensure your have the best chance of recovering full and fair compensation for your losses. […]
Read MoreMore information about Negligence
Unsecured Loads and Road Debris Cause Deadly Crashes
Road debris and unsecured loads cause avoidable, deadly accidents.
Imagine traveling down the highway at 60 mph and seeing a piece of scrap metal come flying off the back of a truck into your windshield. Or being hit by a driver who swerved to avoid a piece of furniture on the road. While these might sound like freak accidents, these sorts of crashes happen too often.
According to a new study from the AAA Foundation for Traffic Safety, unsecured loads and debris in the road lead to 200k crashes between 2011-2014. During that time, debris-related crashes caused 39,000 injuries and 500 deaths.
“Road debris” includes anything from a shredded tire to a sofa, to a detached trailer. This excludes “natural” debris like tree branches or animals in the roadway.
All 50 states have laws against road debris and unsecured loads. Penalties range from a fine to jail time. […]
Read MoreMore information about Negligence
“Textalyzer” Could Help Reduce Distracted Driving
Distracted driving, perhaps the biggest road safety scourge of the decade, is getting worse nationwide.
In Pennsylvania, for instance, distracted driving citations increased by 43% from 2014 to 2015; in our home of Lackawanna County, the number of distracted driving citations skyrocketed from 32 to 115, according to the Scranton Times-Tribune.
Last week, our own Dan Munley was quoted about a recent case in which a Lawrence County judge ruled that a person texting a distracted driver who then got into a crash could potentially be held accountable.
In order to combat this growing problem, some safety advocates have suggested that we begin viewing distracted driving the same way we view drunk driving. While distracted driving does not involve the consumption of an intoxicating substance, distraction can impair your driving ability just as much as alcohol, and it is just as dangerous. […]
Read MoreMore information about Negligence
Dog bite prevention: What everyone should know
A dog bite can turn a trip to the park into a trip to the emergency room. It can leave both physical and psychological scars.
As the weather warms up, people spend more time outdoors, especially with their pets. That means that dogs and people, particularly young children, come into contact with each other more frequently. What many people don’t think about is the possibility of a dog bite situation.
In fact, over 4 million dog bites occur each year. And while it might not sound like a serious concern, dog bites or dog attacks can be traumatizing and can result in extremely serious injuries or disfigurement. Children are more likely to be bitten by a dog than any other age group.
Fortunately, there are some ways that dog owners, parents, and everyone else can help prevent a dog bite from happening. […]
Read MoreMore information about Negligence
Concussion Lawsuit Against NHL Gains Momentum
We’ve already heard a lot about the lawsuit against the NFL filed by thousands of former players and their families who have suffered due to football-related head injuries. A growing body of evidence links traumatic brain injuries (such as those sustained by athletes) to serious long-term effects, drug use, depression, and suicide.
It should come as no surprise that a similar class-action lawsuit against the National Hockey League is gaining momentum. In recent weeks, the number of former players involved in the suit has nearly doubled. Earlier this week, Steve Montador, an NHL retiree with a history of concussions was found dead at the age of 35. It was a concussion that ended Montador’s career in 2012, and he admitted to struggling with depression the following year.
There are several blogs and papers online that explain what many people do not realize about head injuries. […]
Read MoreMore information about Negligence
Auto Accidents Caused by Defective Roads
Sometimes it is the road that is at fault in an auto accident. Defective road conditions can cause a driver to lose control of his/her car, leading to an auto accident that can result in serious personal injury or death. But when the road is at fault, who is responsible for your injuries?
Roads in Pennsylvania are the responsibility of either the state or local municipalities. Although Pennsylvania’s Sovereign Immunity Act generally bars suits against the Commonwealth and other government entities, dangerous conditions on highways created by potholes, sinkholes or similar conditions are exempt from sovereign immunity.
The Pennsylvania defective road condition car accident attorneys of Munley Law believe that when hazardous road conditions lead to accidents, injury, or death, the responsible government agency and/or a private contractor that worked on the road should be held accountable. The victims of accidents caused by unsafe roads deserve full and fair compensation for their injuries and losses. […]
Read MoreMore information about Negligence
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. […]
Read MoreMore information about Negligence
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. […]
Read MoreMore information about Negligence
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, […]
Read MoreMore information about Negligence
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. […]
Read MoreMore information about Negligence
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, […]
Read MoreMore information about Negligence
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, […]
More information about Negligence
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. […]
Read MoreMore information about Negligence
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, […]
Read MoreMore information about Negligence
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, […]
Read MoreMore information about Negligence
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, […]
Read MoreMore information about Negligence
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, […]
Read MoreMore information about Negligence
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. […]
Read More
