Negligence

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

More information about Negligence

York Product Liability Lawyer

When product manufacturers, distributors, or retailers put unsafe products on the market and consumers get hurt, the negligent parties must be held accountable.

A product liability lawyer helps injured individuals recover compensation for their injuries from defective or dangerous products.

At Munley Law, we’ve successfully represented clients harmed by everything from defective medical devices to faulty automotive parts, securing the compensation they need for medical bills, lost wages, and other damages.

Whether you’ve been injured by a poorly designed product, manufacturing defect, or inadequate warning labels, we’ll carefully investigate your case and hold the responsible parties accountable. We work on a contingency fee basis, which means you don’t pay unless we win your case. Contact a York product liability attorney at Munley Law today to schedule a free consultation.

How Munley Law Can Help With Your Product Liability Case in York, […]

Read More

More information about Negligence

Bensalem Motorcycle Accident Lawyer

Motorcycle accidents in Bensalem can shatter your life instant. In one moment, you’re going for a ride and in the next, you’re left with devastating injuries, massive medical bills, and an uncertain future. When the worst happens, you need the best help on your side. The Munley Law Bensalem motorcycle accident lawyers are committed to fighting for your rights, seeking a fair settlement, and helping you rebuild your life after a motorcycle crash. Call or fill out our online form for a free consultation today.

What Can Our Bensalem Motorcycle Crash Attorneys Do For You?

The Munley law firm handles every aspect of a personal injury case in Bensalem, from the initial investigations to courtroom litigation. Here’s what your lawyer will do to secure a settlement or verdict in your favor:

Handle the paperwork: Filing the paperwork for a personal injury claim is confusing and overwhelming. […]

Read More

More information about Negligence

The Dangers of Driving Too Slowly

It’s no secret that driving above the posted speed limit is dangerous. That said, driving too slowly can also lead to crashes.

Sometimes, a slow driver will cause a minor rear-end accident. In more severe cases, slow driving can result in traffic fatalities.

Have you been hurt in a wreck because someone was driving slowly? Compensation may be available if so. Learn more about your legal options by contacting our car accident team today for a free consultation.The Dangers of Driving Too Slowly

Why Slow Driving Creates Serious Road Hazards

Slow drivers may assume that driving slowly always results in improved safety. However, excessively slow driving blocks traffic and can result in hazards due to the following:

  • Disrupting the flow of traffic: Other drivers may be traveling according to the flow of traffic, a flow that can be disrupted when someone is driving too slowly, […]

Read More

More information about Negligence

One Dead, Another Injured Following a Car Crash in Lycoming County, PA

One person has died following a car crash in Lycoming County on January 22.

According to news reports, the 22-year-old was driving on State Route 87 in Plunketts Creek Township near Barbours around 1 a.m. when he lost control of his vehicle. He hit a tree and was killed.

A passenger inside the car was taken to UPMC Williamsport after the crash. She was later transported to Geisinger Danville.

The cause of the crash is unknown. Police are investigating.

Fatal Car Accidents in Lycoming County

Fatal car accidents in Lycoming County present complex cases that require careful investigation and deep understanding of Pennsylvania’s wrongful death statutes. Our firm often finds these cases involve multiple contributing factors – from the region’s rural roads and mountainous terrain to weather conditions and infrastructure issues. When representing families who have lost loved ones, […]

Read More

More information about Negligence

What Do You Need to Get a PA Motorcycle License?

You must add a Class M endorsement to your driver’s license to legally operate a motorcycle in Pennsylvania. Luckily, the process of getting licensed is relatively straightforward.

Just make sure you follow the steps properly! If you operate a motorcycle without a license in Pennsylvania and you’re involved in a wreck, it could complicate how you pursue compensation. Regardless, if you are hurt in an accident someone else caused, contact our motorcycle accident lawyers at Munley Law to learn more about your legal rights.What Do You Need to Get a PA Motorcycle License?

Step-by-Step Guide to Getting Your PA Motorcycle License

Obtaining a motorcycle license in Pennsylvania involves these steps:

Age Requirements
You must be at least 16 years old to get a Pennsylvania Class M motorcycle license. If you’re under 18, you must:

  • Hold a motorcycle learner’s permit for at least 6 months
  • Complete 65 hours of supervised practice riding

Required Documentation

  • Proof of identity, […]

Read More

More information about Negligence

Driver Dies After Car Lands In a Creek in Pittsburgh

Pennsylvania State Police are investigating a fatal car crash in Pittsburgh on January 17.

According to news reports, the car had exited the Squirrel Hill tunnel on Parkway East around 8:30 a.m. Right before crossing the Commercial Street Bridge, the driver lost control of the vehicle, went over a steep embankment and plunged into the creek.

Emergency crews had difficulty accessing the crash site because of heavy machinery that was doing work under the bridge. When they were able to reach the vehicle, they found the driver had died and was still in the vehicle.

The cause of the crash is still under investigation.

Fatal Car Accidents in Pittsburgh, PA

As one of the most populated areas in Pennsylvania, Pittsburgh has seen its fair share of fatal car accidents. According to the latest statistics from the Pennsylvania Department of Transportation, […]

Read More

More information about Negligence

Construction Accident Lawyer

Construction accidents can devastate workers and their families, leading to severe injuries, overwhelming medical bills, and lost wages. At Munley Law, our construction accident lawyers have spent the last 65 years fighting for injured workers, securing multi-million dollar verdicts and settlements while helping our clients navigate workers’ compensation claims and third-party lawsuits.

Construction accidents often involve multiple responsible parties—contractors, subcontractors, equipment manufacturers, and property owners, to name a few. Our experienced personal injury attorneys know how to prove who is at fault for your injuries so you can receive full compensation for your accident.

Don’t let a construction accident derail your future – contact Munley Law today for a free case evaluation.

Common Construction Accident Claims Munley Law Handles

Construction accident lawyerConstruction sites present countless hazards that can lead to severe injuries to workers and visitors alike. […]

Read More

More information about Negligence

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. We deeply understand the trauma and stress you and your family are facing. […]

Read More

More information about Negligence

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

What Are the DOT Requirements for Reflective Tape on a Truck?DOT reflective tape consists of an alternate red-white pattern. You’ve likely noticed this red and white tape on the trailers of large trucks. […]

Read More

More information about Negligence

Man Hit By Plow While Leaving Doctor’s Appointment in Hempfield Twp., PA

A man had been hit by a plow truck after leaving a doctor’s appointment in Hempfield Township on January 6. According to news reports, a wintry mix had fallen throughout the area in the morning. Around 8 a.m., Pennsylvania State Police were called to the parking lot of an orthopedic office on Clark Ellis Road for reports of a man being hit by a plow truck.

According to police, the 74-year-old man was leaving the office when the backside of the plow truck hit him. Police believe he was not run over, but he was either pushed or dragged by the truck.

The victim suffered serious injuries and was taken to a local hospital before being transferred to Pittsburgh.

Police are investigating what caused the accident.

Winter Weather Accidents in Pennsylvania

As winter blankets Pennsylvania’s highways and backroads with snow and ice, […]

Read More

More information about Negligence

What Age Can a Child Ride on the Back of a Motorcycle in PA?

Is there a motorcycle passenger age limit in Pennsylvania? You may have questions about the minimum age for motorcycle passengers in the Commonwealth if you’ve been thinking about taking your child on the back of your bike.

Pennsylvania’s motorcycle laws have little to say about the minimum legal age of motorcycle passengers. However, they address other critical safety issues.

At Munley Law, serving the area since 1959, we know obeying the law can’t always prevent harm. If you or your child has been hurt in a motorcycle accident, contact our Pennsylvania motorcycle accident attorneys for a free consultation.

Pennsylvania Law on Child Motorcycle Passengers

What age can a child ride on the back of a motorcycleThe Pennsylvania law addressing motorcycle passenger safety doesn’t establish a minimum age for passengers. This isn’t uncommon. Most states don’t have laws prohibiting motorcyclists from riding with child passengers as long as they abide by other applicable safety requirements. […]

Read More

More information about Negligence

Pottsville Car Accident Lawyer

If you’ve been injured in a car accident in Pottsville, Pennsylvania, you may be facing mounting medical bills, lost wages, and stress about what to do next. At Munley Law, our experienced Pottsville car accident lawyers are here to guide you every step of the way.

With decades of combined experience in handling car accident cases in the Pottsville area, Munley Law has earned a reputation as the region’s leading personal injury law firm, providing compassionate service, expert legal guidance, and a track record of success. If a negligent or reckless driver caused you or your loved ones harm, you deserve to be compensated for your losses.

For a no-obligation, free consultation, contact our Pottsville car accident lawyer at Munley Law today.

Why You Need a Pottsville Pennsylvania Car Accident Lawyer

Pottsville Pennsylvania Car Accident LawyerCar accidents in Pottsville can present some complicated legal challenges. […]

Read More

More information about Negligence

Pittsburgh Drowsy Driving Accident Lawyer

Falling asleep at the wheel can result in catastrophic accidents, leading to severe injuries or even fatalities. When someone is sleepy behind the wheel, their brain power, reflexes, and decision-making skills are impaired, just like when they’ve had a few too many drinks.

Our experienced team of Pittsburgh drowsy driver accident attorneys understands the devastating consequences of drowsy driving and is committed to fighting for your rights. Our team of personal injury lawyers has a proven track record of successfully handling drowsy driving cases,  holding negligent drivers accountable, and securing maximum compensation for our clients. With our knowledge of the Pittsburgh, PA, laws and regulations surrounding drowsy driving accidents, we are equipped to navigate the complexities of your case. Your well-being is the priority, and we will provide personalized attention, guiding you through the legal process while ensuring your voice is heard. […]

Read More

More information about Negligence

Casino Injury Lawyer

A trip to popular casino resorts across the United States can be tons of fun. Whether you’re visiting Las Vegas, Atlantic City, or one of the many tribal or commercial casinos nationwide, you’ll find everything from gambling and fine dining to cocktails, spa services, and world-class entertainment, what more could you need? Casinos are essentially playgrounds for adults, but like any recreational venue, accidents can happen. If you’re injured in a casino accident, you may have a valid personal injury claim and be entitled to financial compensation. Casino operators have a legal duty to maintain safe premises for their guests. Find out if you have a claim today by consulting with an experienced Casino injury attorney at Munley Law.

Steps to Take After a Casino Injury

When an injury or accident happens, you might immediately feel embarrassed and try to downplay the incident. However, […]

Read More

More information about Negligence

Hotel Accident Lawyer

When you visit a hotel, one of your expectations is that it’s a safe place to spend the night. It’s your temporary home, where you can relax and plan for the next day’s activities. But sometimes, a hotel does not offer the safety that you deserve. Sometimes, there are dangers present in the hotel that can cause injury. Or even worse, a negligent staff member could have caused your injuries. Soon, your home away from home will not be as comfortable and as safe as it once was.

If you were involved in an accident while visiting a hotel or motel, you would need an experienced hotel accident lawyer to help get the compensation you need. For 65 years, the hotel accident lawyers at Munley Law Personal Injury Attorneys have been helping hotel accident victims across the United States. Our team of award-winning lawyers will not rest until you receive proper compensation for your injuries. […]

Read More

More information about Negligence

Multi-Vehicle Crash in Lancaster County Sends Two to Hospital

Police are currently investigating a multi-vehicle car accident that sent two people two people to the hospital on December 13 in Lancaster County.

According to news reports, the accident occurred in Manheim Township where one of the vehicles overturned in the middle of the highway. Police officials say the southbound lanes of Route 222 were closed for several hours as the crash were investigated.

Authorities say two people sustained serious injuries in the accident.

The Difficulties Surrounding Multi-Vehicle Accidents

Multi-vehicle accidents, often called chain-reaction crashes or pileups, can be particularly devastating events that frequently occur on highways and major roadways, especially during adverse weather conditions or periods of heavy traffic. These accidents typically begin when one collision creates a cascade effect, with subsequent vehicles unable to stop in time to avoid the initial crash. Common triggers include sudden braking in dense fog, […]

Read More

More information about Negligence

Upper Darby Nursing Home Abuse Lawyer

When you place an elderly loved one in a nursing home facility, you expect them to be treated with dignity and respect. But when you start to notice signs of elder abuse, you can feel like you let your family member down and now have to fight another battle. The Upper Darby nursing home abuse lawyers of Munley Law understand the devastating impacts elder abuse can have on the victim and their family.

At Munley Law, we have 65 years of experience in complex personal injury cases, including those involving neglect in assisted living facilities. If you suspect medical malpractice, sexual abuse, or any form of nursing home negligence, call our law office today for a no-obligation, free consultation.

What is Nursing Home Abuse in Upper Darby, PA?

Upper Darby Nursing Home Abuse LawyerAccording to the World Health Organization (WHO), […]

Read More

More information about Negligence

Who Can I Sue After a Ruptured Gas Line Causes an Explosion?

A natural gas explosion can leave victims with severe burns and other such injuries. You may deserve compensation for the cost of medical treatment and related damages if you’ve been injured in such an accident.Who Can I Sue After a Ruptured Gas Line Causes an Explosion?

However, you might not know how to recover compensation after being injured, perhaps because you don’t know who you can sue when a gas explosion occurs. At Munley Law, our gas explosion attorneys can provide answers about your legal rights. Contact us today for a free consultation.

Potential Parties Liable in Gas Line Explosion Cases

Seeking compensation for medical expenses, lost wages, and other such losses from gas explosion injuries generally involves filing a personal injury claim with the liable party’s insurer. In some cases, compensation can be sought from other liable parties. Potentially liable parties when gas explosion accidents occur include:

Read More

More information about Negligence

How Are Medical Bills Paid After a Car Accident in Bensalem?

How are medical bills paid after a car accident in Bensalem? If you’ve been involved in a car accident in Bensalem, Pennsylvania, you may be facing not only physical and emotional challenges but also the daunting prospect of dealing with medical bills. In such a stressful time, understanding how medical bills are paid can provide you with valuable information and peace of mind. At Munley Law Personal Injury Attorneys, our Bensalem car accident lawyers have extensive experience in helping car accident victims in Bensalem and the surrounding areas navigate the complex process of medical bill payment.

Insurance Coverage for Medical Bills

One of the primary sources of payment for medical bills after a car accident is insurance coverage. In Pennsylvania, drivers are required to carry a minimum amount of auto insurance, which includes:

Medical Benefits (Med Pay)

Medical Benefits, often referred to as Med Pay, […]

Read More

More information about Negligence

What Happens If You’re in an Accident with a Rental Car?

What Happens If You’re In An Accident With a Rental Car?When you’re in an accident with a rental car, the last thing you need is more stress trying to figure out insurance coverage. You likely have multiple layers of protection available. Your auto insurance may cover the incident, the rental company’s optional coverage could kick in, and even the credit card you used to rent the vehicle might provide insurance benefits.

If you’ve been hurt in a rental car accident, don’t hesitate to reach out to a car accident attorney at Munley Law who can guide you through this challenging time. They’ll work hard to protect your interests and help you get the compensation you deserve while taking the burden of dealing with multiple insurance claims off your shoulders.

Who Covers a Rental Car Accident?

When you’re involved in a rental car accident, there can be several sources of coverage. First, […]

Read More
Search
Categories
Archives
LCA
PA Bar Association
top 100
Super Lawyers
Best law firms
best lawyers
top 1% of trial lawyers
av
Irish Legal
BBB Accreditation Badge The information contained on this website does not create an attorney-client relationship nor should any information be considered legal advice as it is intended to provide general information only. Prior case results do not guarantee a similar outcome.
844-686-5397