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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The Impact of Truck Load and Size in Trucking Accidents in Reading, PA
Each day, an abundance of truckloads carrying goods of various types and loads drive along the highways surrounding Reading. Underneath this economic vitality lies a critical issue often lost amid everyday distractions: truckload and size impact on road safety. This seemingly technical element plays a fundamental role in the frequency and severity of vehicular accidents on Reading roads. Understanding such incidents requires not only logistics or traffic management skills, but legal interpretation and advocacy as well. Here is where a Reading truck accident lawyer plays an invaluable role combining legal knowledge with an in-depth knowledge of large vehicle collisions.
The Reading truck accident lawyers of Munley Law understand the impact of truckload and size in Reading accidents and will work hard to protect victims of commercial motor vehicle accidents.
The Impact of Truck Load and Size in Reading Truck Accidents
A truck’s load and size have an enormous impact on truck accidents, […]
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Reading Premises Liability Lawyer
A Reading premises liability lawyer is your dedicated advocate when navigating the complex legal challenges arising from accidents on someone else’s property. Whether you’ve suffered a slip and fall in a local shopping center, been injured at a neighbor’s home, or encountered unsafe conditions in a public space, a skilled premises liability lawyer in Reading can assess your case, gather essential evidence, and build a compelling argument on your behalf. They understand the nuances of property owner responsibilities. They can effectively demonstrate how a breach of duty led to your injuries while dealing with insurance companies and opposing counsel to protect your rights and secure a fair settlement or verdict.
With more than six decades of experience and a nationwide reputation for excellence, Munley Law will fight to ensure you receive the justice and compensation you deserve. Contact Munley Law today for a free initial consultation with an injury attorney to discuss your case and learn how we can help you. […]
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Can I Still Pursue Compensation If I Was Partially At-Fault for My Injuries?
The insurance system can be overwhelming after a car accident, especially when you are healing from injuries. As a no-fault state, Pennsylvania insurance policies generally make it a little easier to get your medical bills covered quickly regardless of who may have been at fault.
However, seeking compensation from another driver for injuries and damages can be complicated, depending on your insurance policy and the percentage of negligence you are responsible for. Partnering with an experienced car accident attorney will help you manage your claim and recover the most compensation available for you.
When Can I Seek Compensation from Another Driver?
When you can seek compensation from another driver depends on what kind of compensation you are seeking. In general, Pennsylvania’s no-fault system means that the average insurance policy does not allow you to seek compensation for medical bills or personal injuries sustained in an accident. […]
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Hospital Negligence Claims in Stroudsburg, PA
When you or a loved one is admitted to a hospital in Stroudsburg, you place your trust in the medical professionals 
and staff to provide safe and competent care. Unfortunately, hospital negligence can occur at even the best facilities, leading to severe injuries, prolonged recovery times, or even tragic outcomes. Whether it’s a misdiagnosis, surgical error, improper medication, or lack of proper monitoring, the consequences of hospital negligence can be devastating.
If you believe that substandard care at a Stroudsburg hospital has caused harm, you may be entitled to pursue a hospital negligence claim. At Munley Law, our experienced medical malpractice attorneys in Stroudsburg hold healthcare institutions accountable and help victims and their families seek the compensation they deserve.
Contact our law offices today for a free consultation.
Hospital Negligence vs. Medical Malpractice
While hospital negligence and medical malpractice are often used interchangeably, […]
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West Chester Personal Injury Lawyer
If you’ve been hurt in a car accident, medical malpractice, workplace injury, or other traumatic event due to someone
else’s negligence, you are entitled to compensation for your losses. The West Chester personal injury lawyers of Munley Law have represented injury victims for over 60 years, striving for the best results for our clients.
We take on the insurance company when settlement negotiations are not going your way, and we fight diligently in court should your case go to trial.
Call the West Chester personal injury law firm of Munley Law today for a free consultation with no obligation.
Why You Need a Personal Injury Attorney in West Chester
Contact a West Chester personal injury attorney for the best legal advice if you’ve been hurt in the Philadelphia Metropolitan area. By working with a local law office, […]
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