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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Aviation Accident Lawyers
When an aviation accident occurs, the aftermath can overwhelm victims and their families. If you or a loved one has been affected by an aviation incident, consulting with an aviation accident lawyer can make a difference in the outcome of your case and your ability to focus on recovery during a difficult time.
The aviation accident lawyers at Munley Law understand the unique challenges presented by aviation cases, from determining liability among multiple potential parties to navigating the specialized evidence needed to build a strong claim. We work with accident investigators, aviation experts, and medical specialists to establish causation and document the full extent of damages. Our expertise becomes particularly valuable when dealing with commercial airlines, aircraft manufacturers, maintenance providers, or air traffic control entities.
At Munley Law, we work with victims and their families who have suffered tremendously after a plane or helicopter accident. We’ll take on the commercial airlines, […]
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Workers’ Compensation for Commercial Truck Drivers in Pennsylvania
Professional truck drivers keep Pennsylvania’s economy moving, transporting essential goods across our highways and local roads every day. With this demanding job comes significant physical risk. From accidents on busy interstates to cargo loading injuries, truck drivers face workplace hazards that can lead to serious harm and lost income.
Pennsylvania’s workers’ comp system provides important protections for injured truck drivers, offering coverage for medical expenses and lost wages associated with work-related injuries. However, the path to receiving these benefits isn’t always straightforward, especially for injured workers working as independent contractors or those facing claim denials from employers and insurance companies.
At Munley Law, our workers’ compensation attorneys understand the unique challenges commercial truck drivers encounter when seeking benefits. Our firm has spent decades helping injured drivers secure the medical care and wage replacement they need to recover and support their families. […]
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YORK COUNTY — Man Killed in Car Accident by Crashing into Propane Tank, Displaces Residents
YORK, PA (March 20, 2025) —— A man veered off the road, hitting a propane tank valve in Shrewsbury Township on Thursday, March 20.
The crash occurred in the 2300 block of Steltz Road/Route 851 at 1:54 a.m. The driver was speeding when he crashed into a tree, striking a tank valve that protruded from the ground, causing a “significant leak,” according to the York Hazmat Team.
Due to the gas leak, seven residents were forced to evacuate from their homes. The Red Cross is assisting these individuals, as the Hazmat Team has started the flaring process.
All roads have reopened. Pennsylvania State police continue to investigate.
Fatal Car Accidents in Pennsylvania
Navigating the aftermath of a fatal car accident requires specialized legal knowledge. Insurance companies often attempt to minimize payouts, even in tragic circumstances.
Understanding the most frequent causes of fatal accidents can help raise awareness about preventable tragedies:
Impaired Driving: Alcohol and drugs significantly impair judgment, […]
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Pittsburgh Car Accident Lawyer
When you’re injured in a car accident in Pittsburgh, you need an experienced Pittsburgh car accident lawyer to protect your rights and secure the compensation you deserve. At Munley Law, our auto accident attorneys have a proven track record of successfully representing car accident victims throughout Western Pennsylvania.
Our legal team understands the physical, emotional, and financial toll that serious car accidents take on victims and their families. We handle all aspects of your case—from investigating the crash and gathering evidence to negotiating with insurance companies and representing you in court if necessary.
Don’t face the aftermath of a serious car accident alone. Contact Munley Law today for a free, no-obligation consultation with a Pittsburgh car accident lawyer. Call or fill out our online form to discuss your case and learn how we can help you move forward.
How Can Pittsburgh Car Accident Attorneys Help With My Case? […]
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Philadelphia Car Accident Lawyer
If you were involved in a severe car accident in Philadelphia, contact a Philadelphia car accident lawyer at Munley Law to get the help you need following a car crash. Your primary focus should be your health; you should not have to manage the claims process alone.
At Munley Law, we have 65 years of experience helping car injury victims get compensation following an accident. Our board-certified car accident attorneys understand what you are going through, and we will not rest until you receive the compensation you need to recover from the accident. Now is the time to schedule a free consultation with a car crash attorney at Munley Law. You do not owe a fee unless we win your case.
Why You Need a Car Accident Attorney in Philadelphia, PA
Hiring personal injury lawyers eases the burden of being directly involved in all the Pennsylvania legal processes and increases your chances of success. […]
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