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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Allentown Truck Accident Lawyer
When a tractor trailer collides with a passenger vehicle or another truck on a highway in Allentown, you need an Allentown truck accident lawyer to protect your rights and get you the justice you deserve. An Allentown truck accident attorney at Munley Law will hold the responsible party accountable and recover compensation for you and your family.
For a free accident consultation with our Allentown truck accident attorney, fill out our contact form, chat live, or call today. We only collect a fee if we win your case.
The Role of An Allentown Truck Accident Attorney
Allentown truck accident attorneys can help you with your case by gathering evidence, discovering who is at fault, negotiating with the truck company and insurance carriers, and representing you in court. As the injured accident victim, […]
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Londonderry Twp., PA – State Police Member Injured in Route 283 Car Accident
Londonderry Township, PA (January 28, 2025) – A member of the Pennsylvania State Police was taken to the hospital following a car crash in Dauphin County.
According to news reports, the accident occurred on January 26 on Route 283 in Londonderry Township. State police confirmed that a state police vehicle with a person inside was involved in the crash.
The person was taken to the hospital and has since been released. What caused the car crash is unknown.
Car Accidents While On the Job in Pennsylvania
In Pennsylvania, police officers injured in vehicle accidents while on duty are generally covered under several overlapping legal frameworks. The Pennsylvania Heart and Lung Act provides police officers with their full salary and benefits, tax-free, if they’re temporarily disabled from a work-related injury. This is more generous than standard workers’ compensation benefits, […]
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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 a product manufacturer, their distributors, or retailers put unsafe products into the market and consumers get hurt, the negligent parties must be held accountable.
A product liability lawyers helps individuals who have been harmed by defective or dangerous products recover compensation for their injuries.
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. […]
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