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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What Does a Voluntary Recall Mean?
When a dangerous product is introduced onto store shelves, the U.S. Food and Drug Administration (FDA) can force companies to remove it from the market. However, many companies don’t wait for the FDA to act. Instead, they choose to issue voluntary recalls, proactively removing products they believe could pose risks to consumers.
These voluntary recalls serve as a safety mechanism in our consumer protection system. While the FDA oversees the process, companies can initiate recalls for any potential safety concern, whether a manufacturing defect, contamination risk, or design flaw could harm consumers. This proactive approach protects public safety and helps companies manage liability and maintain consumer trust.
Understanding how voluntary recalls work is essential for consumers. Whether you’ve purchased a recalled product or been injured by one, knowing your rights and the proper steps to take can significantly improve your safety and help you obtain any compensation you may be entitled to. […]
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Philadelphia, PA – Woman Dies After Tree Falls on Car
PHILADELPHIA, PA (February 17, 2025) – A woman was killed after a tree fell on top of a car in Northeast Pennsylvania on February 16.
According to news reports, Philadelphia emergency personnel responded to the 500 block of West Hill Creek Road around 6:15 p.m. When they arrived, they found a woman inside a car that a large tree had crushed.
The woman was pronounced dead at the scene shortly after.
Investigators have not yet determined if the woman, the only person inside the vehicle, was the owner of the vehicle.
The accident occurred during a high wind warning that was in effect for Philadelphia.
Weather-Related Car Accidents in Philadelphia
High wind-related car accidents in Pennsylvania present unique challenges from a personal injury perspective. Strong winds, particularly on Pennsylvania’s highways and bridges, can create dangerous driving conditions that lead to serious accidents. […]
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Reading Personal Injury Lawyer
When accidents disrupt lives in Reading and Berks County, one name stands above the rest – Munley Law. From our Court Street office steps from the Berks County courthouse, our Reading personal injury lawyers have helped countless local families recover fair compensation after car crashes on Penn Street, truck accidents on Route 422, and workplace injuries in our manufacturing facilities. We understand our community’s unique challenges, from busy downtown intersections to industrial workplaces and fight for the maximum compensation you deserve.
Don’t let the insurance companies take advantage of you. Our experienced personal injury attorneys will fight for injury victims to protect their rights and get them the compensation they deserve. Contact us today for a free consultation. Let us help you get your life back on track. Hablamos Español.
Types of Personal Injury Cases Munley Law Handles in Reading, PA
Accidents happen at any time. […]
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Elk County, PA – Man Killed in Crane Accident
Elk County, PA (February 12, 2025) – A man was pronounced dead at the scene of a crane accident in Elk County on February 10.
According to news reports, the Elk County Coroner confirmed the death happened on Carlson Road in Jones Township around 6:10 p.m. During the retraction of an outrigger on a crane, the man suffered a head injury.
His death was ruled accidental by the coroner.
The investigation into the accident is ongoing.
Crane Accidents in Pennsylvania
Construction site accidents involving cranes can lead to devastating consequences. When such accidents occur, multiple parties may bear liability, including the crane operator, the construction company, equipment manufacturers, and site supervisors. Under Pennsylvania law, injured workers or their families can pursue various legal remedies, with cases often involving both workers’ compensation claims and potential third-party liability suits against entities other than the direct employer. […]
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Lancaster County, PA – Man Dies After Van Collides with Scooter
Lancaster County, PA (February 11, 2025) – A man has died after a van collided with the scooter he was riding on with his sons in Lancaster County on February 10.
According to news reports, the man was driving a scooter that crashed around the 5800 block of the Old Philadelphia Pike in Salisbury Township around 3 p.m. Police say the man and his 15-month-old boy were taken to Lancaster General Hospital while the 6-year-old was airlifted to Penn State Health Milton S. Hershey Medical Center.
The man died at the hospital while the two boys remain in critical condition. The driver of the van was not injured.
The investigation is ongoing.
Scooter Accidents in Pennsylvania
Personal injury cases involving scooters in Pennsylvania have become increasingly common, particularly with the rise of electric scooters in urban areas. Under Pennsylvania law, […]
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