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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What Is a Wrongful Death vs Survival Action?
Losing a loved one is always incredibly painful, but losing someone tragically and unexpectedly due to someone else’s negligence can seem impossible to navigate. If your family member was a key financial supporter of your household, your grief is likely being compounded by extreme financial stress. You may be wondering how you can put your family member or spouse to rest, pay off their medical bills, and keep your household afloat, but you may have legal recourse through wrongful death or survival claims. At Munley Law, our wrongful death attorneys can walk you through your options to seek justice for your deceased family member and obtain financial support.
Understanding Wrongful Death Claims
A wrongful death claim is a type of lawsuit that serves to compensate a deceased person’s family members for the loss they have suffered as a result of their loved one’s death, […]
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Parking Lot Pedestrian Accidents
Being hit by a car as a pedestrian can leave you seriously injured. You might expect this type of accident to happen in a crosswalk or other such setting. However, a parking lot can also be the setting of a harmful pedestrian accident.
Have you been injured as a pedestrian in a parking lot? You may be eligible for compensation if so. Contact Munley Law today for a free consultation.
The Hidden Dangers: Parking Lot Accident Statistics
A parking lot may not seem hazardous for a pedestrian. Unfortunately, parking lot accidents involving pedestrians are more common than you may realize. According to a report from a Bureau of Labor Statistics economist who studied the data, approximately 13% of all parking lot accidents involve pedestrian death. The National Safety Council has also tracked a fairly consistent rate of car accidents involving pedestrians in parking lots. […]
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Are Electric Scooters Legal In Pennsylvania?
Electric scooters, or e-scooters, have quickly become a popular mode of transportation on the roadways of many busy U.S. cities. They’re convenient, affordable, and an eco-friendly alternative to cars. Like e-bikes, companies like Lime and Bird provide low-speed e-scooter-sharing services in cities worldwide. But while electric scooters are legal in many other places, Pennsylvania has needed to catch up in getting on board.
Current Legal Status of Electric Scooters in Pennsylvania
Right now, Pennsylvania state law has strict rules regarding e-scooters. Pennsylvania has some hurdles, unlike some states, such as California, Texas, and Washington, where you can easily rent or own one and ride freely.
Pilot programs in some cities
Pilot programs in some citiesCertain cities in Pennsylvania have started pilot programs to evaluate the potential impact of electric scooters, even though they still need to be fully legalized statewide. In places like Pittsburgh, companies can offer electric scooter rentals under strict rules and local laws that help city governments understand how scooters affect safety, […]
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How to Report Unsafe Working Conditions in Pennsylvania
If you’re working in Pennsylvania and you have discovered or you have been injured by unsafe conditions at work, you should know your rights and the steps you can take to protect yourself and your coworkers.
The workers’ compensation attorneys here at Munley Law firm have put together this guide to help you understand the laws that protect you, how to report any hazards you find, and what to do if you get hurt on the job.
Laws Pertaining to Unsafe Working Conditions in Pennsylvania
The Occupational Safety and Health Act (OSHA) of 1970 governs workplace safety at the federal level. In Pennsylvania, the state’s laws work in tandem with OSHA to ensure that employers provide safe working environments for their employees. Employers are legally required to identify and address workplace hazards and any safety violations to prevent accidents and injuries. […]
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Suing a Neighbor for an Injury on Their Property
Property owners are responsible for keeping the property they invite others into safe. If they fail to clear the space of hazards and someone gets hurt, the injured person has the right to sue the negligent property owners responsible for their injuries.
If you or your loved one were injured on a neighbor’s property, you have the right to file a premises liability lawsuit against their insurance company. An experienced premises liability attorney at Munley Law will guide you through the claims process and help you recover fair compensation for your injuries and losses. Call today for a free consultation.
If I’ve Been Injured at My Neighbor’s Home, Can I Sue?
The short answer is, yes, you can sue if you were injured at your neighbor’s home. However, you must be able to prove the four elements of negligence to have a valid premises liability claim. […]
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