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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How to Report Unsafe Working Conditions in Pennsylvania
If you’re working in Pennsylvania and you have discovered or you have been injured by unsafe conditions at work, you should know your rights and the steps you can take to protect yourself and your coworkers.
The workers’ compensation attorneys here at Munley Law firm have put together this guide to help you understand the laws that protect you, how to report any hazards you find, and what to do if you get hurt on the job.
Laws Pertaining to Unsafe Working Conditions in Pennsylvania
The Occupational Safety and Health Act (OSHA) of 1970 governs workplace safety at the federal level. In Pennsylvania, the state’s laws work in tandem with OSHA to ensure that employers provide safe working environments for their employees. Employers are legally required to identify and address workplace hazards and any safety violations to prevent accidents and injuries. […]
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Reading Erb’s Palsy Lawyer
At Munley Law, we understand the challenges parents face when their child suffers from birth injuries like Erb’s palsy. Our experienced Reading, Erb’s palsy attorneys specialize in birth injury cases, and can help your family recover the financial compensation you deserve.
What Is Erb’s Palsy?
Erb’s palsy, also known as brachial plexus birth palsy, is a condition that occurs when the nerves in a baby’s upper arm are damaged during birth. This injury affects the brachial plexus—a network of nerves responsible for movement and sensation in the shoulder, arm, and hand. Babies with Erb’s palsy may have weakness, loss of movement, or even paralysis in the affected arm. While some infants recover over time with therapy, others may face lifelong limitations.
Is Erb’s Palsy the Same Thing as Brachial Plexus?
Erb’s palsy is a specific type of brachial plexus injury. […]
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Gas Explosion Lawyer
Gas explosions are devastating events that can change lives in an instant. Whether at a job site or at home, these explosions can lead to catastrophic damage and cause severe, even life-threatening injuries, fatalities, and destruction that affect surrounding buildings and families. For survivors, the road to recovery can be long and difficult, both physically and emotionally. If you or a loved one has been injured in a gas explosion, the path forward may feel uncertain. You don’t have to face it alone.
At Munley Law, our gas explosion lawyers understand the unique challenges of these cases. We are here to help victims and their families seek justice and secure the compensation they deserve. With decades of experience handling catastrophic injury cases, we have the expertise to hold the responsible parties accountable and guide you through every step of the legal process. […]
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Lancaster Nursing Home Abuse Lawyer
Placing your loved one in a nursing home or assisted living facility likely wasn’t a decision you made lightly. You thought this placement would be the best option to keep your loved one safe and ensure they received the necessary medical treatment. Elderly loved ones are, of course, more prone to injury, which is probably one reason you selected a nursing home or assisted living facility. You could have never imagined that the carefully selected facility you chose would commit elder abuse. Still, unfortunately, nursing home residents are often victims of various forms of abuse, from emotional abuse to financial abuse and medical neglect.
Understanding Nursing Home Abuse and Neglect in Lancaster, PA
In Lancaster, nursing home abuse and neglect can take many forms; the most common we see in nursing homes, assisted living facilities, and long-term care facilities include:
- Unsanitary living conditions
- Poor hygiene
- Physical abuse
- Physical neglect, […]
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Reading Rear End Accident Lawyer
If you or a loved one has been in a rear-end car crash in Reading, Pennsylvania, you might be dealing with more than just vehicle damage. Rear-end collisions can result in painful injuries like whiplash, costly medical bills, lost time from work, and ongoing frustration with insurance companies. Even in cases that seem straightforward, determining liability can quickly become tricky.
You deserve to focus on your recovery—not the paperwork, negotiations, witness statements, evidence gathering, and other legal procedures in filing a personal injury claim.
Experienced Car Accident Attorneys in Reading
At Munley Law, our Reading auto accident attorneys understand the challenges after a rear-end accident. Our team of experienced car accident lawyers has helped countless accident victims in all types of car accidents in Reading and throughout Pennsylvania secure maximum compensation for their injuries. […]
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