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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Carlisle Personal Injury Lawyer
A Carlisle personal injury attorney at Munley Law is ready to help if you’ve been injured due to someone else’s negligence. For over 60 years, our award-winning legal team has fought for the rights of accident victims throughout Cumberland County, securing millions in verdicts and settlements.
When dealing with mounting medical bills, lost wages, and an injury’s physical and emotional toll, you need a law firm with proven experience handling complicated personal injury cases. Our track record includes landmark victories in truck accident litigation, workplace injury claims, and wrongful death cases throughout Pennsylvania.
Our personal injury attorneys understand Carlisle’s unique challenges. From accidents on I-81 to injuries at local businesses and construction sites, we have the resources and expertise to build the strongest case for you. Our team includes investigators, medical experts, and accident reconstruction specialists who work together to uncover every detail that strengthens your claim. […]
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Ski Accident Lawyer
While most winter sports enthusiasts understand the inherent risk involved, no one plans to be the victim of a ski accident—especially one that leads to serious injury, loss of income, and long term recovery.
At Munley Law, our legal team has secured significant settlements for clients hurt by ski resort negligence, equipment failures, and reckless skiers. When your ski or snowboard accident leads to mounting medical bills and lost work time, we investigate your case thoroughly to hold responsible parties accountable.
Our extensive experience with ski law and success in personal injury cases means we can effectively pursue the full compensation you deserve.
Why Choose Munley Law for Your Ski Accident Case?
Our attorneys at Munley Law have spent decades handling complex personal injury cases, including numerous ski and snowboard accidents. We understand how ski accident claims work, […]
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Susquehanna Twp., PA – Police Car Involved in Fatal Crash on Route 22
Susquehanna Township, PA (February 10, 2025) – A Susquehanna Township police car was involved in a fatal multi-vehicle accident on US Route 22 westbound near Harrisburg on February 8.
According to news reports, the crash occurred around 12:30 p.m. on US Route 22 between 39th and Park Streets in Susquehanna Township.The crash involved a Susquehanna Township police, a sedan, a pickup, and another vehicle. One person was killed in the collision.
It is unclear what caused the accident or if anyone else was injured.
Multi-Vehicle Accident in Pennsylvania
After a multi-vehicle accident in Dauphin County, victims can seek compensation to cover their medical bills, lost income, vehicle repairs, and pain and suffering. Pennsylvania’s modified comparative negligence system allows recovery of damages even when a victim bears partial responsibility, provided their fault doesn’t exceed 50%. […]
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Wilkes-Barre Personal Injury Lawyer
Since 1959, the Wilkes-Barre personal injury lawyers at Munley Law have dominated courtrooms across Luzerne County, earning a reputation that insurance companies fear. When catastrophic injuries shatter lives – whether from a devastating truck crash on I-81, a workplace accident in one of our industrial parks, or a preventable tragedy that took your loved one – you need an experienced team of trial lawyers who’ve recovered millions for families like yours.
Our Wilkes-Barre injury attorneys don’t just file paperwork and hope for settlements. We investigate aggressively, fight relentlessly, and consistently force insurance companies to pay what your case is truly worth. While other firms hand your case to junior associates, our senior partners handle your fight from start to finish. The results? Over six decades of record-breaking verdicts and life-changing settlements for our neighbors in Northeastern Pennsylvania.
Your suffering deserves justice, your bills must be paid, […]
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Confidential Settlement For the Estate of State Trooper
The family of a Pennsylvania State Police trooper who was killed by a militant gunman brought a wrongful death case against the gunman’s family for their son’s actions.
On Sept. 12, 2014, the gunman opened fire at a Pennsylvania State Police barracks, killing one and injuring another. He then fled the scene, leading to a 48-day manhunt. In a criminal court, the defendant was found guilty of all charges, including murder in the first degree and the homicide of a law enforcement officer, and was sentenced to death.
Munley Law, on behalf of the victim’s estate, brought a case against the family of the defendant seeking damages for wrongful death due to their negligence, carelessness, recklessness, and wanton conduct in failing to report the threat and in some cases, their emotional and financial support of the defendant while he planned the attack. Munley Law had evidence to show that:
- At the time of the attack, […]
