Negligence

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

Wrongful Death Attorneys

No amount of money can compensate for the loss of a loved one. But Munley Law’s wrongful death attorneys help ease the financial burden and bring a sense of closure by pursuing a wrongful death claim. When an accident or act of negligence causes a wrongful death, the liable party should be held accountable.

Munley Law has helped hundreds of families obtain justice. For 65 years, our wrongful death lawyers have fought for families and individuals who have lost a family member due to someone else’s wrongful action. The grief your family is facing is overwhelming, and Munley Law will legally support you throughout your claim. Contact us today for a free consultation to discuss your wrongful death lawsuit.

What Is a Wrongful Death?

Wrongful Death Attorneys

When an individual dies because of the negligence or misconduct of another party, a wrongful death action seeks to compensate surviving family members for the losses they are suffering. […]

Philadelphia Motorcycle Accident Lawyer

A Philadelphia motorcycle accident lawyer at Munley Law knows that collisions between motorcycles and larger vehicles often result in catastrophic injuries for riders. With only clothing and perhaps a helmet for protection, motorcyclists are completely vulnerable to the full force of impact in a crash involving cars, SUVs, or commercial vehicles.

The aftermath of an accident brings unique legal challenges. Without experienced legal representation, insurance companies may exploit these complexities, pressuring injured riders to accept settlements before seeking independent legal advice.

For 65 years, the motorcycle accident attorneys at Munley Law have successfully fought for riders’ rights. Our deep understanding of Pennsylvania traffic laws and insurance practices has helped us secure substantial client settlements and awards. Our professionalism is recognized by peers and many of our partners hold board certification from the National Board of Trial Advocacy.

Don’t let insurance companies undervalue your claim. […]

Can You Sue For Wrongful Death In A Motorcycle Accident Claim?

Losing someone you love in a motorcycle accident raises the question of whether you can sue for wrongful death. In many cases, the answer is yes, you can sue for wrongful death in a motorcycle accident claim, if another person or party’s actions caused the accident and your family’s loss.

Your motorcycle accident lawyer with Munley Law can explain how these claims work, what proof is needed, and how we can help your family pursue the justice and compensation you deserve. Contact us today for a free consultation. There is no fee for our services unless we win your case.

Speak with a motorcycle accident lawyer today.

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When a Motorcycle Crash Becomes Grounds for a Wrongful Death Lawsuit

If you lost a loved one in a motorcycle crash, […]

Kentucky Truck Accident Lawyer

A collision with a commercial truck can change your life in an instant. Whether it happened on I-75 near Atlanta, I-95 outside Savannah, or a rural highway in southern Georgia, truck accidents often leave victims with serious injuries, costly medical bills, and overwhelming uncertainty about what to do next. If you or a loved one has been injured in a truck accident anywhere in Georgia, you need experienced legal representation on your side.

At Munley Law, our nationally recognized truck accident attorneys have decades of experience standing up to trucking companies and their insurers. We know the complex regulations that govern the trucking industry, and we know how to hold negligent drivers and companies accountable. From Macon to Augusta, Columbus to Alpharetta, we represent truck accident victims across the state of Georgia.

Our team of truck accident attorneys are leaders in the field of trucking litigation. […]

Indiana Truck Accident Lawyer

A truck accident can change your life in an instant. If you or someone you love has been injured in a collision with a commercial vehicle, you need an experienced Indiana truck accident lawyer who understands both the impact of your injuries and the unique challenges these cases present. You’re likely facing overwhelming medical bills, lost income, and uncertainty about the future during this difficult time.

Truck accident cases are far more complicated than typical car crashes. When a commercial vehicle collides with a passenger car, the injuries are often severe, and the legal issues are anything but straightforward. These cases involve federal regulations, multiple insurance companies, and sophisticated evidence that requires specialized knowledge to handle effectively.

At Munley Law, our Indiana truck accident attorneys have dedicated their careers to helping victims like you recover from devastating truck crashes. We understand the physical, emotional, and financial hardships you’re experiencing, […]