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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West Virginia Car Accident Lawyer
Across the nation, car accidents are an all too common cause of death, injury, and extensive emotional and psychological 
damage. In 2019, West Virginia saw 260 fatalities from car accidents, and in 2015, car accidents caused around 8% of all injury-related hospitalizations in the state. Too many lives have been impacted and lost as a result of car accidents.
If you or a loved one has been a victim of a car accident in West Virginia, know that you do not have to fight this battle alone. The aftermath of an accident can be even more stressful and overwhelming than the accident itself, especially as you try to balance your recovery with all the complex logistics and legalities of your situation. But there is hope: with the help of an experienced car accident lawyer, you can take on your case with confidence. […]
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Can I Sue My Neighbor for an Injury on Their Property?
When you’ve been injured on a neighbor’s property, you might feel confused, upset, and unsure about what to do next.
You may wonder about your options if you’ve suffered an injury while visiting next door. The short answer is yes, you can sue your neighbor for an injury on their property, but there’s more to consider before taking that step.
When an injury occurs on a neighbor’s property, the question of legal recourse often arises. The ability to sue a neighbor for such an injury depends on several factors and involves understanding premises liability law. Call a premises liability lawyer at Munley Law for a free consultation to review your legal options.
Why You Might Sue Your Neighbor for an Injury on Their Property
While suing a neighbor can be a difficult decision, there are several legitimate reasons why you might need to take this step if you’re injured on their property:
- Medical Expenses: If you’ve incurred significant medical bills due to the injury, […]
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How Can You Know If You Have a Concussion?
Traumatic brain injuries, including concussions, are different from other injuries. A broken arm, a bad cut, and even a severe burn are visible. What makes head injuries so scary is that they aren’t visible to the naked eye. Therefore, they are more challenging to diagnose.
If you have signs of concussion, it’s important to seek medical care as soon as possible. If symptoms worsen, this can lead to a more severe traumatic brain injury, which can be life-altering and deadly
If you suffered a concussion because of the negligence of another person, call the Munley Law personal injury lawyers today for a free consultation. Our traumatic brain injury attorneys will protect your rights and secure compensation for your losses.
What Is a Concussion?
A concussion is a subset of the neurological injuries known as traumatic brain injuries (TBIs). […]
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Pennsylvania Product Liability Lawyer
Consumers have a reasonable right to expect their products to be safe to use as advertised. Product liability law protects consumers hurt by unsafe products and holds negligent manufacturers and retailers accountable. If you’ve suffered an injury or illness because of a dangerous product, a Pennsylvania product liability lawyer at Munley Law can help you get the justice you deserve. We have successfully handled numerous cases against industrial manufacturers, automotive companies, medical device makers, and other big companies whose products caused harm.
Contact us today for a free consultation. We do not get paid unless we win your case.
What Is a Product Liability Claim?
A product liability claim is a legal claim brought against a product manufacturer, distributor, supplier, or retailer that caused a consumer injury or harm due to a defect or failure in the product. These claims are based on the principle that manufacturers and sellers must ensure their products are safe. […]
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Trexlertown Personal Injury Lawyer
If you’ve been injured in an accident in Trexlertown, PA, you may be facing overwhelming physical, emotional, and financial challenges. Medical bills, lost wages, and the stress of recovery can take a heavy toll on you and your family. If you or a loved one has been injured in a motor vehicle accident, product liability incident or workplace accident or through a medical mistake, or if you are facing a heartbreaking wrongful death case, be sure to talk to an experienced Trexlertown personal injury attorney at Munley Law today.
How a Trexlertown Personal Injury Lawyer Can Help
Getting hurt or losing a loved one to an accident is already a time of great upheaval for you and your family, especially if you are now also dealing with insurance companies, medical bills, and legal procedures. Our Allentown personal injury attorneys at 
Munley Law handle cases in Trexlertown and throughout the Lehigh Valley. […]
