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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Industrial Accident Lawyer
Pennsylvania is home to a robust industrial sector. Thousands of Pennsylvanians work in manufacturing plants, steel plants, chemical plants, power plants, construction sites, and other high-risk industries. Even with safety measures in place, accidents happen. If you suffered a work-related injury, you are probably facing a mountain of medical bills at a minimum. In the event of a catastrophic injury, you are likely drowning in medical bills and struggling to adjust to a life with permanent disability. A work injury attorney can help you get the compensation you need and deserve.
Industrial Accident Injury Claims: What You Need to Know
When you have suffered injuries from an industrial workplace accident, you may be able to seek financial compensation. An industrial injury lawyer will tell you the options in your specific case during your no obligation consultation. The most common types are workers’ […]
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What Does a Wrongful Death Lawyer Do?
When faced with the tragic loss of a loved one due to someone else’s negligence or wrongful actions, understanding how a wrongful death lawyer can help becomes essential. These legal professionals specialize in wrongful death claims, guiding families through the legal process while advocating for their rights.
A wrongful death attorney helps families file their claims and build strong cases. They work diligently to gather evidence and establish who was at fault. They also fight to secure fair compensation for the family’s devastating losses. The process involves a thorough investigation of the death. They often bring in expert witnesses to strengthen the case. Throughout the process, they handle all negotiations with insurance companies.
Each element plays a vital role in building a compelling case to, ultimately, hold the responsible parties accountable. With a focus on both legal expertise and compassionate support, […]
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Reading Car Accident Lawyer
When the unthinkable happens, and you’re facing the aftermath of a car accident in Reading, a skilled Reading car accident lawyer can be your lifeline. Navigating the complex legal landscape after a crash requires expertise, finesse, and unwavering dedication. You need an advocate who understands the intricacies of Pennsylvania law, someone who can cut through the red tape and fight tirelessly for the compensation you deserve.
If you were involved in a car accident in Reading, PA, our car accident attorneys at Munley Law are ready to help. Contact us today to schedule a free consultation. There is no fee unless we win your case.
Why Reading Car Accident Victims Choose Munley Law
For 65 years, our board-certified car accident attorneys have fought for accident victims across Berks County, recovering millions in settlements and verdicts. When Reading residents need powerful legal representation, they trust Munley Law. […]
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Who Can I Sue After a Ruptured Gas Line Causes an Explosion?
A natural gas explosion can leave victims with severe burns and other such injuries. You may deserve compensation for the cost of medical treatment and related damages if you’ve been injured in such an accident.
However, you might not know how to recover compensation after being injured, perhaps because you don’t know who you can sue when a gas explosion occurs. At Munley Law, our gas explosion attorneys can provide answers about your legal rights. Contact us today for a free consultation.
Potential Parties Liable in Gas Line Explosion Cases
Seeking compensation for medical expenses, lost wages, and other such losses from gas explosion injuries generally involves filing a personal injury claim with the liable party’s insurer. In some cases, compensation can be sought from other liable parties. Potentially liable parties when gas explosion accidents occur include:
- The local gas company
- Property owners and managers, […]
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Weird Laws in PA
Laws often reflect the times and values of when they were written. As such, many states have old laws, some of which are still in the books, that may seem weird to us today.
Pennsylvania is no exception. These weird Pennsylvania laws serve as a reminder that the law is complex.
That means having professional legal assistance is quite valuable when you’re facing a legal situation you’re unfamiliar with. If you’ve been injured due to the negligence of others, contact our Pennsylvania personal injury team at Munley Law today for a free consultation. 
Bizarre Traffic Laws That Are Still on the Books
Although the following Pennsylvania laws applying to traffic and vehicles may not be all that well-known, they’re still on the books:
- No car purchases on Sundays: The prohibition of buying or selling a car on Sunday is a holdover from “Blue laws,” […]
