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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Common Types of Heavy Machinery Accidents
Workplace accidents involving heavy equipment can be life-altering. Beyond the immediate trauma and pain, you may be facing mounting medical bills, lost income, and challenges in your daily life. If you’ve been injured in such an accident, you should know that you have options for financial recovery.
You can pursue coverage for your medical expenses and lost wages through workers’ compensation. In some cases, you may also be eligible to file a claim against third parties whose negligence contributed to your accident, which could provide additional compensation for your pain and suffering. Let us help you understand your rights and explore all available paths to recovery.
Speak with a heavy equipment accident lawyer at Munley Law to learn more about your legal options. We’re prepared to fight for the full amount of compensation you deserve. Get started today by contacting us for a free consultation. […]
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Most Common Manufacturing Injuries
Manufacturing industry jobs are essential to our economy, as the sector keeps other businesses running. According to the U.S. Bureau of Labor Statistics, approximately 12,083,479 people were employed in the private manufacturing sector as of 2020. However, manufacturing factory workers are at a higher risk of workplace injuries due to the potential hazards of the work. Manufacturing jobs often involve operating heavy machinery, frequent heavy lifting, the risk of falling objects, repetitive tasks, and exposure to harmful substances.
Some of the most common workplace injuries include repetitive stress injuries, overexertion injuries, developing musculoskeletal disorders, hearing loss from exposure to loud machinery, burns, slip and fall accidents, and serious injuries from falling objects. Manufacturing facilities must prioritize workplace safety, follow established safety protocol guidelines to protect workers from injury, and provide comprehensive training for employees.
Machinery-Related Injuries
Machinery-related injuries are common in the manufacturing industry. […]
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Aspinwall, PA – Woman in Critical Condition After Being Hit by SUV
Aspinwall, PA (February 5, 2025) – An elderly woman was rushed to the hospital after she was hit by an SUV while crossing the street in Aspinwall, PA on February 5.
According to news reports, Allegheny County police responded to a call around 7 a.m. of a pedestrian accident in Aspinwall. Police say the woman was crossing Delafield Road towards St. Margaet Drive near UPMC St. Margaret’s Hospital when she was struck by an SUV making a left turn from Freeport Road.
The woman was taken to the hospital in critical condition. The driver stayed at the scene and is cooperating with the police.
Police are continue to investigate the accident.
Pedestrian Accidents in Allegheny County
According to the Pennsylvania Department of Transportation, pedestrian safety is an ongoing concern in Allegheny County. In the past three years, […]
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Defective Products and Consumer Rights
Consumers have the right to expect the products they purchase to be safe and function as advertised. Yet, in 2023, more than 750 million defective products were recalled across the United States. Defective products can cause serious injury to consumers, whether it is a kitchen appliance that overheats and causes burns or a toy that is unsafe due to a choking hazard.
Defects in everyday products raise important questions about product safety, consumer rights, product liability, and what legal protections are in place to hold product manufacturers accountable. If you suffered injuries caused by a defective product, it is important to understand your rights and the steps to take to recover damages.
Understanding Product Liability
Product liability is the legal responsibility of manufacturers, distributors, and sellers of products for any injuries caused to consumers by their products. […]
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Hazleton Personal Injury Lawyer
A Hazleton personal injury lawyer from Munley Law is your key to justice after being injured in an accident in Hazleton. Our professional attorneys fight tirelessly to protect your rights and secure compensation. Don’t face this challenge alone – schedule your free consultation today, and let us put our experience to work for you. Nosotros hablamos español.
What a Hazleton Personal Injury Attorney Can Do For You
You may have a valid personal injury claim if you have been injured due to someone else’s negligence. But do you need an attorney?
While it is possible to file personal injury claims without the professional legal advice – working with an experienced attorney is almost always the best course of action. Here are a few reasons why hiring a Hazleton injury lawyer is highly recommended:
- Knowledge and Experience: Personal injury claims can be complex, […]
