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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Is Lane Splitting Legal in Pennsylvania?
Have you ever been driving through a congested area and noticed a motorcyclist weaving in and out of traffic? While many motorcyclists think lane splitting should be common practice, it is currently illegal under Pennsylvania law.
If you are involved in a motorcycle accident and have been lane splitting, or hit a motorcyclist due to lane splitting, it can impact your personal injury claim.
What Is Lane Splitting?
Lane splitting, also known as white lining, occurs when a motorcyclist drives between two rows or lanes of traffic. Most commonly, riders split lanes when traffic is moving slowly or at a standstill. Lane splitting can occur on any type of road, including highways or rural roads.
Lane splitting is not the only traffic maneuver you may see a biker make. Other practices include:
- Lane filtering: The rider moves between stopped traffic or slow-moving traffic
- Lane sharing: Multiple motorcyclists share the same lane and ride beside each other in a close formation
- Shoulder surfing: When a rider drives on the shoulder of the road
A University of California, […]
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Harrisburg Product Liability Lawyer
Consumers have the right to expect the products they buy with their hard-earned money are safe and reliable. When a defective product causes an injury (and in many cases, a catastrophic injury) the results can be devastating. In these cases, the injured person may have a valid products liability claim against the product manufacturer, distributor, or retailer responsible for putting the dangerous product on the market.
If you or a loved one were injured by a dangerous product, call the Harrisburg products liability lawyers at Munley Law today. During a free initial consultation, our defective product attorneys will breakdown what your product liability case will look like and outline our legal strategy to secure a settlement or verdict in your favor.
What Is a Product Liability Claim?
A product liability claim is a legal action taken against any or all parties along the chain of manufacture of any product for damage caused by the product. […]
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Harrisburg Personal Injury Lawyer
If you’re in Harrisburg and need a personal injury lawyer, you’re looking for someone to help you get back on your feet
after a Central Pennsylvania accident. Experienced personal injury lawyers in Harrisburg are dedicated accident attorneys who support you during tough times, ensuring you receive the care and maximum compensation you deserve.
Why Should I Hire a Harrisburg Personal Injury Lawyer?
Hiring Harrisburg personal injury attorneys can make a big difference in how your case is handled and the outcome you achieve. A Dauphin County lawyer understands the community and has experience dealing with local insurance companies and courts. They can handle the legal system efficiently, gather evidence, negotiate with insurance adjusters, and advocate for your best interests.
By hiring a Harrisburg personal injury lawyer, you can increase your chances of receiving fair compensation for medical bills, lost wages, and other injury-related costs. […]
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What to Do if Your Brakes Fail on the Highway
Many of us get into our vehicles daily or multiple times a day and shift into a sort of auto-pilot when we get behind the steering wheel. Our daily commutes are mundane, making falling into a hypnotic state easy. But what happens when the lull is broken, and you realize that the usually slow push of your brake pedal isn’t doing anything, and before you know it, you’re in a car accident?
If you experience brake failure on the highway, you should keep a few things in mind to keep yourself and other drivers safe.
What to Do if Your Brakes Fail While Driving
Nothing is scarier than realizing that your brake pedals are not working. Instead of slowing down, you are moving closer and closer to another vehicle, pedestrian, or highway guard rails.
Crash Statistics from the National Highway Transportation Safety Administration (NHTSA) suggest that about 22% of vehicle-related crashes were due to brake issues. […]
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My Airbag Didn’t Go Off in a Car Accident. Can I Sue?
Being in a car accident can be scary, especially when the safety features of your vehicle do not work the way they are supposed to. But what happens when you were in a car accident and your airbags didn’t go off and you suffered injuries. Can you sue?
In general, yes you can sue if your airbags didn’t deploy during a car accident. However, who you can sue depends on a variety of factors.
Munley Law Will Determine Why Your Airbags Did Not Deploy in a Car Accident
In 1998, the Intermodal Surface Transportation Efficiency Act of 1991 went into effect, requiring that all cars and light trucks sold in the United States to have air bags on both sides of the front seat.
Since then, all drivers have come to expect that when they are involved in a motor vehicle accident, […]
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