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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West Chester Car Accident Lawyer
A West Chester car accident lawyer at Munley Law understands that a car crash can turn your life upside down in seconds. Our experienced attorneys have helped people in Chester County recover compensation for their injuries, medical bills, and lost wages. From serious collisions on West Chester Pike to rear-end accidents near West Chester University, we’ve successfully handled thousands of car accident claims in our community.
With 65 years of experience serving Chester County families, Munley Law knows what it takes to win against insurance companies. We work directly with local medical providers, handle all paperwork and negotiations, and fight to get you the maximum compensation you deserve. Our deep knowledge of Pennsylvania’s insurance laws and strong track record of multi-million dollar settlements sets us apart.
Don’t wait to get help after a car accident. Contact our West Chester office today for a free consultation, […]
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Pittsburgh, PA – Car Splits In Half After Crashing Into Pole
PITTSBURGH, PA (February 27, 2025) – One person was taken to the hospital after their car was split in half in Pittsburgh on February 25.
According to news reports, emergency crews were called to the 7200 block of Penn Avenue in Pittsburgh’s Point Breeze neighborhood at 11:23 a.m.
Witnesses say the driver was speeding and appeared to lose control of the car before hitting a pole, splitting the car in half.
The driver was taken to the hospital and remains in critical condition. Police are investigating the car accident.
Speeding Car Accidents in Pittsburgh
From a legal standpoint, speeding-related car accidents in Pittsburgh involve complex considerations under Pennsylvania law. When a driver exceeds posted speed limits or drives too fast for conditions, they breach their duty of care to others on the road, potentially establishing negligence in civil claims. […]
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Tips for Staying Awake While Driving
Driving safely requires staying alert behind the wheel. Unfortunately, data indicate that drowsy driving is not uncommon on U.S. roads. Drivers who fall asleep may cause accidents that could injure or kill other motorists and pedestrians.
Were you recently injured in such an accident? If so, compensation for medical bills, lost wages, and other such losses may be available.
Contact our car accident attorneys at Munley Law for more information about your case. We’ll help you pursue the compensation you deserve. In the meantime, we offer the following tips to help you guard against falling asleep while driving.
The Deadly Reality of Fatigue-Related Accidents
Drowsy driving is a significant problem in the U.S. According to the National Highway Traffic Safety Administration (NHTSA), drowsy driving crashes resulted in 693 fatalities on U.S. roads in 2022 alone. […]
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How to Anonymously Report Nursing Home Abuse
When an older adult is placed in the care of a nursing home, their loved ones put a great deal of trust in the professionalism, integrity, and compassion of the home’s staff and management. Unfortunately, this trust is often betrayed.
Anyone who spends time in a nursing home, whether as an employee, visitor, or resident, should learn to recognize the signs of abuse and report concerns–even anonymously. Reporting nursing home abuse can save lives and ensure that care facilities are held accountable. 
Contact Munley Law’s experienced elder abuse lawyers today for a free consultation if your loved one is suffering from nursing home abuse—we’ll help you hold abusers accountable and protect your family’s rights
Recognizing Signs of Nursing Home Abuse
Firm statistics are hard to come by, but it’s estimated that sixteen percent of nursing home residents experience abuse. […]
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Montgomery County, PA – Woman Dead After Driving in Opposing Traffic
MONTGOMERY COUNTY, PA (February 23, 2026) – A woman died after driving suddenly into opposing traffic on February 22.
According to news reports, the accident occurred just after noon. The woman was stopped at a stop sign at the intersection of Woodlyn Avenue and Valley Forge Road in Worcester Township, PA. Police say that her vehicle then moved abruptly into the northbound lane of Valley Forge Road, where it was struck by an oncoming pickup truck.
The woman was taken to Einstein Hospital where she was pronounced dead. The other driver did not report any injuries.
Pennsylvania State Police are investigating the cause of the accident.
Wrong Way Car Accidents in Montgomery County, PA
Wrong way drivers pose a particularly devastating threat on Pennsylvania’s highways and roads, often resulting in catastrophic head-on collisions that lead to severe injuries or fatalities. […]
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