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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Philadelphia Car Accident Lawyer
If you were involved in a severe car accident in Philadelphia, contact a Philadelphia car accident lawyer at Munley Law to get the help you need following a car crash. Your primary focus should be your health; you should not have to manage the claims process alone.
At Munley Law, we have 65 years of experience helping car injury victims get compensation following an accident. Our board-certified car accident attorneys understand what you are going through, and we will not rest until you receive the compensation you need to recover from the accident. Now is the time to schedule a free consultation with a car crash attorney at Munley Law. You do not owe a fee unless we win your case.
Why You Need a Car Accident Attorney in Philadelphia, PA
Hiring personal injury lawyers eases the burden of being directly involved in all the Pennsylvania legal processes and increases your chances of success. […]
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Scranton Car Accident Lawyer
At Munley Law, our Scranton car accident lawyers have seen how devastating auto accidents can be for Scranton families. Our board-certified Scranton car accident attorneys understand Pennsylvania law inside and out, and we use that knowledge to build your case while you focus on recovery. Local insurance companies know our reputation in Lackawanna County – we don’t back down until our clients receive fair compensation.
Don’t let insurance adjusters pressure you into a quick settlement after your Scranton car accident claims. Contact our law firm today for a free consultation with our experienced auto accident attorneys. There is no fee unless we win your case.
Why You Should Hire an Auto Accident Lawyer in Scranton, PA
You might be unsure where to seek assistance following a car accident. Our auto accident lawyers want to be the first and last call you ever need to make because Munley Law has the experience, […]
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Greensburg Personal Injury Lawyer
When the negligent actions of another person cause an injury, you need a Greensburg personal injury lawyer looking out for your best interests. Whether you were harmed in an auto accident, by medical negligence, or from an unsafe property, Munley Law can help.
Our local personal injury lawyers have Pennsylvania roots and a proven track record of securing maximum compensation for injured clients. For 65 years, our family-owned law firm has helped injury victims recover financial compensation for medical bills, lost wages, and pain and suffering. A serious injury takes a physical, emotional, and financial toll on you and your family. Our experienced attorneys work on a contingency fee basis, meaning you don’t pay anything until we make a recovery in your favor.
Our law firm has recovered millions of dollars in settlements and verdicts for clients throughout Westmoreland County and surrounding areas.. […]
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FAYETTE COUNTY — Woman Killed, Man Injured After Car Crashes into Gas Station Sign on Route 40 PA
FAYETTE COUNTY, PA (March 19, 2025) — A car crashed into a Kwik Fill gas station sign in Menallen Township early Tuesday, March 18.
Fayette’s Coroner declared the passenger dead, while the driver was transported to the local hospital. His condition remains unknown.
The crash occurred a little before 2 a.m. on National Pike, just outside Uniontown near the mall.
A neighbor reported that the motor of the vehicle came out of the car and was “clear across the parking lot.”
Pennsylvania State Troopers continue to investigate.
Fatal Car Accidents in Pennsylvania
Navigating the aftermath of a fatal car accident requires specialized legal knowledge. Insurance companies often attempt to minimize payouts, even in tragic circumstances.
Understanding the most frequent causes of fatal accidents can help raise awareness about preventable tragedies:
Impaired Driving: Alcohol and drugs significantly impair judgment, […]
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Harrisburg Car Accident Lawyer
A Harrisburg car accident lawyer from Munley Law understands how overwhelming a crash can be, especially when dealing with injuries and complex insurance claims. For 65 years, our experienced legal team has helped Harrisburg residents navigate Pennsylvania car accident laws and secure the compensation they deserve after accidents caused by negligent drivers or poor road maintenance. Contact us today for a free, no-obligation consultation, and let our trusted attorneys guide your path to justice. There is no fee unless we win your case.
Understanding Car Accidents in Harrisburg
In the heart of Pennsylvania, the city of Harrisburg witnesses a dynamic mix of traffic, from bustling intercity commutes to serene countryside drives. However, this traffic flow also leads to a significant number of car accidents. Dauphine County reported 2,761 crashes in 2023.
Every Harrisburg auto accident injury claim hinges on negligence, […]
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