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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Chester Motorcycle Accident Lawyer
If you’ve been injured in a motorcycle accident in Chester, Pennsylvania, an experienced Chester motorcycle accident lawyer from Munley Law can help you navigate your legal options. Our firm understands Pennsylvania state laws and the unique challenges motorcycle riders face following an accident.
Since 1959, Munley Law has provided exceptional legal representation to motorcycle accident victims throughout Chester and Delaware County. We represent motorcyclists injured due to other drivers’ negligence, unsafe road conditions, or defective equipment.
Our team has helped hundreds of injured riders secure compensation for medical costs, lost wages, property damage, and suffering. Understanding that motorcycle accidents cause severe injuries requiring extensive treatment and time off work, we combat insurance companies that try to minimize payouts to motorcyclists. We build strong cases by working with investigators, medical experts, and insurance specialists. Call Munley Law for a free 24/7 consultation with our Chester personal injury attorneys—you pay nothing unless we win. […]
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Luzerne County, PA – Police Investigate Fatal Hit and Run on I-80
LUZERNE COUNTY, PA (March 22, 2025) – State police are currently investigating a fatal hit and run accident on Interstate 80 in Luzerne County on March 20.
According to news reports, the crash happened around 2:30 p.m. in the eastbound lanes of I-80 in Butler Township near Conyngham. Police state the victim was outside his disabled vehicle when he was struck by a second commercial vehicle passing his location.
He was flown to Geisinger Wyoming Valley, where he later died.
The interstate was shut down for hours and reopened around 4:30 p.m.
Fatal Hit and Run Accidents in Luzerne County, PA
Fatal hit-and-run accidents in Luzerne County present unique legal challenges for victims’ families. Despite being only the 12th most populated region in Pennsylvania, Luzerne County ranks disproportionately high for traffic fatalities statewide. This represents a concerning increase from previous years when fatality rates were significantly lower. […]
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Chester Medical Malpractice Lawyer
When doctors, nurses, or hospitals make preventable errors, patients suffer serious injuries that impact their health, ability to work, and quality of life. If you or your loved one was injured at the hands of a negligent medical provider in Chester, you have the right to file a medical malpractice claim to recover compensation for your losses.
Munley Law’s top-rated team of Chester medical malpractice attorneys i have helped Pennsylvania families recover millions in compensation after medical errors – from misdiagnosis and surgical mistakes to birth injuries and medication errors. While you focus on your health and recovery, our medical malpractice attorneys will hold negligent medical professionals accountable and get you the money you need for medical bills, lost wages, and ongoing care. Call the Chester personal injury lawyers at Munley Law for a free consultation about your medical malpractice case.
What Is Medical Malpractice? […]
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Chester Wrongful Death Lawyer
If you’re searching for answers after losing a loved one due to someone else’s negligence, the Chester wrongful death attorneys at Munley Law understand the profound impact this loss has on your family. Our experienced legal team has helped families throughout Chester and Delaware County seek justice for the death of a loved one and secure their futures.
Pennsylvania law allows family members to seek compensation when negligence leads to death. At Munley Law, we’ve spent decades representing families in wrongful death cases stemming from medical errors, workplace accidents, motor vehicle crashes, and other preventable incidents. We handle the legal complexities while ensuring your family’s rights and interests remain protected throughout the process.
We know that no amount of compensation can make up for your loss. However, holding responsible parties accountable can help prevent similar tragedies and provide the financial security your family needs to move forward. […]
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Chester Workers’ Compensation Lawyer
A workplace accident can leave you unable to work, facing unexpected medical bills, and uncertain about your future. Pennsylvania’s workers’ compensation system provides important protections for injured workers, but managing the claims process while trying to recover can be challenging. Our experienced Chester workers’ compensation lawyers have helped workers in Chester, PA secure their benefits after workplace accidents, occupational diseases, and work-related injuries across all industries. We can guide you through each step in the process, from filing your initial claim to appealing denials if necessary, ensuring your rights are protected.
Contact Munley Law today for a free consultation about your work injury case. Our Chester personal injury attorneys are ready to help you understand your rights and fight for the benefits you deserve.
What Is Workers’ Compensation in Chester, PA?
Workers’ compensation is a state-mandated insurance program that protects Pennsylvania employees who get hurt or sick while performing their job duties. […]
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