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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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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Hazleton Car Accident Lawyer
If you or someone you love suffered a serious injury in a car crash in Hazleton, don’t settle with the insurance company before speaking with a Hazleton car accident attorney at Munley Law. At Munley Law, we understand your concerns when you’ve been involved in a car crash. You may face unpaid medical bills, physical pain, emotional trauma, and an inability to work. Since 1959, we have represented hundreds of auto accident victims throughout Luzerne County. We have won multimillion-dollar settlements for injured car accident victims across our area.
If you were hurt in a car wreck and are unsure what to do next, call our Hazleton office for a free consultation with a car crash attorney. We will answer your questions free of charge and help you decide what to do next. We are available to speak with you any time of the day or night. […]
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Stroudsburg Car Accident Lawyer
The Stroudsburg car accident lawyers at Munley Law have spent 65 years helping Pocono residents rebuild their lives after devastating car crashes. Our Stroudsburg accident lawyers understand the physical, emotional, and financial challenges you’re facing – and we’re here to shoulder that burden. With decades of experience and a track record of successful outcomes, we fight tirelessly to protect your rights and secure the compensation you deserve.
A serious car accident can turn your life upside down in an instant. Don’t deal with the insurance company on your own. You won’t pay any legal fees unless we win your case. Take the first step toward recovery by scheduling a free consultation with our car accident attorneys in Stroudsburg. Call us, chat online, or complete our contact form today.
The Role of a Car Accident Attorney in Stroudsburg, PA
Hiring a car accident attorney can provide you with expert legal guidance, […]
