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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Pedestrian Rights: Navigating Truck Accidents in Crosswalks
Most people feel safe using a crosswalk as a routine activity. After all, these marked paths are specifically designed to protect pedestrians. However,
Understanding these dangers – whether they stem from poor crosswalk design, hazardous weather conditions, distracted drivers, or large commercial vehicles such as tractor-trailers – is essential for staying safe. If you’ve been injured while using a crosswalk in Pennsylvania, understanding these factors can also be important for protecting your legal rights.
If you or a loved one has been involved in a pedestrian accident in the crosswalk in PA, your first call should be to the experienced pedestrian accident attorneys at Munley Law. We understand these complex cases and can help you navigate the legal process. Call Munley Law for a free consultation, and let us fight for the compensation you deserve.
Pedestrian Rights and Responsibilities in Pennsylvania
Pennsylvania law states that pedestrians have the right-of-way in marked crosswalks and at intersections with unmarked crosswalks. […]
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York Pedestrian Accident Lawyer and Accident Attorney
Once the birthplace of the Articles of Confederation and the meeting spot for the Second Continental Congress, York, Pennsylvania, is now a bustling city with a population of more than 40,000. Today, residents and tourists can enjoy live music in the Market District, beautiful murals in the Royal Square District, and delicious food in the Weco District.
As a pedestrian in York, you should feel safe walking and exploring its rich history. However, pedestrians are put at risk every day in York and across Pennsylvania. In fact, York County reported six pedestrian deaths and 77 pedestrian injuries in 2021 alone.
The Munley Law York pedestrian accident attorneys understand Pennsylvania’s complex regulations governing pedestrian accidents. We also understand the life-altering impact your injuries can have on you and your family. We offer a free case evaluation where we will listen to your story, […]
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York Product Liability Lawyer
When product manufacturers, distributors, or retailers put unsafe products on the market and consumers get hurt, the negligent parties must be held accountable.
A product liability lawyer helps injured individuals recover compensation for their injuries from defective or dangerous products.
At Munley Law, we’ve successfully represented clients harmed by everything from defective medical devices to faulty automotive parts, securing the compensation they need for medical bills, lost wages, and other damages.
Whether you’ve been injured by a poorly designed product, manufacturing defect, or inadequate warning labels, we’ll carefully investigate your case and hold the responsible parties accountable. We work on a contingency fee basis, which means you don’t pay unless we win your case. Contact a York product liability attorney at Munley Law today to schedule a free consultation.
How Munley Law Can Help With Your Product Liability Case in York, Pennsylvania
When you work with Munley Law on your product liability case, […]
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Bensalem Motorcycle Accident Lawyer
Motorcycle accidents in Bensalem can shatter your life instant. In one moment, you’re going for a ride and in the next, you’re left with devastating injuries, massive medical bills, and an uncertain future. When the worst happens, you need the best help on your side. The Munley Law Bensalem motorcycle accident lawyers are committed to fighting for your rights, seeking a fair settlement, and helping you rebuild your life after a motorcycle crash. Call or fill out our online form for a free consultation today.
What Can Our Bensalem Motorcycle Crash Attorneys Do For You?
The Munley law firm handles every aspect of a personal injury case in Bensalem, from the initial investigations to courtroom litigation. Here’s what your lawyer will do to secure a settlement or verdict in your favor:
Handle the paperwork: Filing the paperwork for a personal injury claim is confusing and overwhelming. […]
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Helicopter Crash Lawyer
Helicopter accidents often result in severe injuries and long-term physical, emotional, and financial challenges. An experienced attorney can help you understand your legal options if you’ve been involved in a helicopter crash.
Several factors can contribute to these accidents, including mechanical failures, maintenance issues, or operational errors. At Munley Law, our helicopter accident lawyers have the expertise to thoroughly investigate the cause and help determine if you’re entitled to compensation.
Our aviation accident attorneys understand the complexities of aviation law and regulations. We’ll guide you through each step of your case, from investigation to resolution. Contact us for a free consultation to discuss how we can assist with your helicopter accident claim.
Investigating Helicopter Crashes and Determining Liability
After a helicopter crash, local law enforcement and emergency services may be the first on the scene. Although these parties are unlikely to handle the entire investigation, […]
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