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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York Personal Injury Lawyer
Every year, hundreds of York residents face unexpected injuries from car accidents, workplace accidents, and other personal injuries. Victims face mounting medical bills, lost wages, and emotional trauma. When you are hurt by someone else’s negligence, a York personal injury lawyer from Munley Law can help.
Our personal injury attorneys have recovered millions of dollars for injured clients throughout Pennsylvania. We know it’s hard to manage medical appointments and aggressive insurance companies. Our team shoulders the legal burden so you can focus on healing.
With 65 years of experience serving York PA and the surrounding communities, Munley Law knows Pennsylvania injury law and has a record of successful outcomes for our clients.
Don’t take on the legal system alone. If you or a loved one are injured, contact Munley Law for a free consultation. […]
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How Long Does a Medical Malpractice Lawsuit Take in Pennsylvania?
How long does a medical malpractice claim take in Pennsylvania? It can take anywhere between 1-5 years to resolve, depending on the complexity of the case. After suffering serious injuries, this timeline can seem like an eternity. However, an experienced attorney at Munley Law will make you and your family their top priority.
At Munley, we equip our clients with as much information about their claim as possible. After all, knowledge equals power. We are going to do a deep dive into the details of a claim, which will help explain the process you’re going through.
If you have more questions and want to speak with an experienced medical malpractice lawyer who can guide you through your claim, call the Munley law firm. Our attorneys have been successfully litigating medical malpractice claims since 1959. […]
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Amputation Lawyer
Amputation injuries, often caused by traumatic accidents, medical malpractice, or severe medical conditions, can have a profound impact on a person’s life forever. More than 5.6 million people are living with the loss of a limb in the U.S. This reality brings about considerable physical, emotional, and financial hurdles, requiring extensive medical treatment, rehabilitation, and prosthetic support — and making the legal journey quite intimidating.
If someone else’s negligence caused your amputation, it’s essential to consult with an experienced amputation lawyer who can help secure the compensation you deserve. A knowledgeable attorney will guide you through the legal process, protect your rights, and fight for the financial support you need for your healing and future.
Understanding Amputation Injuries
Amputation injuries lead to the loss of a limb or part of 
a limb, […]
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What Are the DOT Requirements for Reflective Tape on a Truck?
Have you noticed red and white reflective tape on the trailers of large trucks? Commercial trailers must install reflective tape that conforms to Department of Transportation (DOT) regulations. Trucking companies can guard against rear-end collisions and other accidents by doing so.
Be aware that these requirements may be relevant to you even if you’re not a trucker or otherwise involved in the trucking industry. For example, perhaps you were injured in a truck accident. If the truck didn’t have the proper reflective tape installed, you could potentially highlight this fact when pursuing compensation for medical bills, lost wages, and other such losses. Discuss your case with our truck accident team at Munley Law for more information.
DOT Reflective Tape Regulations
DOT reflective tape consists of an alternate red-white pattern. […]
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Woman Ejected in I-78 Crash, Causing Another Accident With Tractor Trailer
A female driver was ejected from her vehicle after crashing into the median along Interstate 78 in Lower Macungie Township on January 5.
According to news reports, the accident occurred just before 12:15 a.m. at mile marker 54.1 in Lower Macungie. The woman was driving south along Route 309 and had attempted to merge onto I-78 east. She then struck the center median, causing her to be ejected from the car. The vehicle came to rest on the west side of the highway when a tractor-trailer driver struck the vehicle, causing a secondary crash.
The woman was taken to Lehigh Valley Hospital-Cedar Crest for treatment. The truck driver was not injured.
Vehicle Ejection Accidents
Being ejected from a vehicle is a very serious and potentially life-threatening situation. Immediately following vehicle ejection, […]
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