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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Widespread Hospital Infection from Dirty Surgical Tools
Scranton, PA, March 30, 2012 — Pennsylvania medical malpractice lawyer Marion Munley called attention today to an investigative report indicating that hospital administrators and others in the medical field know that dirty surgical instruments are causing many dangerous infections in hospital patients.
A 4,200-word investigative report by the Centers for Public Integrity says hospital managers, surgical equipment manufacturers, the U.S. Food and Drug Administration (FDA) and the Centers for Disease Control and Prevention (CDC) have been grappling with growing recognition that reusable medical devices are not being cleaned properly between procedures.
“The Centers for Public Integrity report about contaminated surgical instruments implicates hospitals, device manufacturers and oversight agencies in this alarming scandal,” said Munley of Munley, Munley & Cartwright, P.C., a Scranton-based Pennsylvania personal injury firm.
“Not only could hospitals be guilty of negligence in how they clean surgical instruments, […]
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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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Gas Furnaces Recalled Over Fire Hazard
The U.S. Consumer Product Safety Commission (CPSC), along with Health Canada, announced the recall of nearly 226,000 home furnaces. The furnaces are manufactured by Unitary Products Group (UPG) of York International Corp of York, Pennsylvania, and have been linked to home fires.
York issued a voluntary recall after reporting that the potential exists for the furnaces to overheat and cause the heat-exchanger to crack and create openings that allow flames to be exposed. This poses a fire and smoke hazard to consumers.
The same furnaces had previously been recalled in 2004 when the company received 27 reports of fires. As of the recall announced Feb. 3, the company had received nearly 400 reports of related incidents. Although no injuries have been reported, extensive property damage has been reported.
The recall involves Coleman, Coleman Evcon and Red T brand furnaces. […]
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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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