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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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. […]
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Since its founding, Munley Law Personal Injury Attorneys has achieved hundreds of millions of dollars in settlements and verdicts on behalf of victims of injury and loss. Our attorneys have helped to create laws that protect innocent people from the negligence of others, thereby helping to create a safer world. To that end, we are committed to staying abreast of the developments in our field. Explore the sections below to read the latest stories, and learn more about topics that affect us all.
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Carbon monoxide is the #1 cause of accidental poisoning
New PA law requires landlords to install carbon monoxide alarms in all units
You would not move into a house or apartment that did not have a smoke detector – but what about a carbon monoxide detector? Unlike smoke, carbon monoxide is odorless, colorless, and often goes undetected until it is too late.
A new law in Pennsylvania, the Carbon Monoxide Alarm Standards Act, requires landlords to have carbon monoxide alarms installed in all of their units by June, 2015. Pennsylvania is reportedly among the states with the most accidental carbon monoxide poisonings in the country. Whether law requires it or not, it is best practice for all homeowners and renters to have carbon monoxide detectors installed. They are generally inexpensive and it is the only means of detecting an otherwise undetectable substance that could cause serious harm or death. […]
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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 attorneys of [firm-name] 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. […]
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Pennsylvania Attorney Marion Munley Chosen to Serve on AAJ Board of Governors
SCRANTON, PA – October 9, 2014 – Marion Munley, a partner in the Pennsylvania personal injury law firm of Munley Law Personal Injury Attorneys, was elected to serve on the Board of Governors of the American Association for Justice (AAJ). Munley was elected during the organization’s recent national convention in Baltimore, Maryland.
“I look forward to serving on the Board of Governors, and helping to advance the AAJ’s mission of protecting the legal rights of Americans who have been injured by negligence or misconduct, even when it means taking on the most powerful corporations and interests,” Munley said. “The AAJ plays a significant role in promoting justice and fairness for injured persons and in strengthening our country’s civil justice system. I am excited about the opportunity to help our organization continue this important work.”
Munley represents individuals and their families in complex personal injury litigation, […]
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