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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Truck Accidents Caused by Poor Maintenance
Driver error is the most common cause of car and truck accidents, but it is certainly not the only cause. In some cases, improper vehicle maintenance can cause mechanical malfunctions that result in highway accidents.
According to the Federal Motor Carrier Safety Administration (FMCSA), commercial truck carriers must carefully inspect and maintain all vehicles under their control. If failure to do so results in a crash or causes harm, the carrier may be liable.
If you were injured in a serious truck accident, contact the nation’s leading truck accident lawyers at Munley Law Personal Injury Attorneys. We will review your case for free and advise you on how to proceed. 
What Are the Common Maintenance Issues That Cause Truck Accidents?
Large trucks are complex systems with hundreds of parts that must be kept in good working order. Heavy commercial trucks also endure an enormous amount of wear and tear. […]
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Cerebral Palsy Lawyer
Cerebral Palsy Caused by Medical Negligence
Cerebral palsy (CP) is a lifelong neurological disorder caused by birth injuries. It affects mobility, speech, and overall well-being. If you think medical malpractice played a role in your child’s cerebral palsy, you should seek guidance from an experienced cerebral palsy lawyer right away. You and your family may be entitled to significant financial compensation.
At Munley Law, our dedicated cerebral palsy attorneys can help you understand your legal options and fight for the compensation you deserve. Call today for a free consultation with a compassionate cerebral palsy lawyer who will listen to your story and offer a reasonable assessment of your case.
What is Cerebral Palsy?
To better understand your child’s condition, let’s break down exactly what cerebral palsy is. According to the Centers for Disease Control and Prevention (CDC), […]
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Williamsport Truck Accident Lawyers
If you were injured in a truck crash on I-80, I-180, Route 15, Route 220, or any other main roads running through Williamsport and Lycoming County, contact the truck accident team at Munley Law Personal Injury Attorneys for a free consultation. We will review the details of your case and advise you about what to do next. There is no charge for our services unless we win your case.
At Munley Law, we understand the devastating impact of commercial truck accident injuries. We also know how vigorously the trucking companies and insurers will fight to avoid liability. With decades of experience, we have helped numerous clients recover millions for their truck accident injuries, and we have a hard-earned reputation for ensuring that all of our clients receive just compensation.
Why Choose a Williamsport Truck Accident Lawyer at Munley Law?
Our lawyers have devoted decades to tractor trailer and major transportation accident cases. […]
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Williamsport Garbage Truck Accident Lawyer
Williamsport garbage trucks routinely travel the neighborhood streets, collecting waste and ensuring the landscape remains pleasant for residents and visitors. Unfortunately, when these garbage trucks are involved in accidents, it often leads to substantial damage and raises several legal complexities. From determining who is the liable party to dealing with insurance claims, there are essential steps to take in the event of this type of serious accident. Our Williamsport truck accident lawyers are ready to help if you’ve been in a garbage truck accident.
What Does a Garbage Truck Accident Attorney Do?
In an accident involving a garbage truck that results in injury, you may have grounds to seek compensation for various losses, such as medical bills, pain and suffering, lost wages, and more. Seeking this compensation can be a real challenge in these types of cases, and that’s where experienced garbage truck accident lawyers come in. […]
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Philadelphia Brain Injury Lawyer
Why You Need a Philadelphia Brain Injury Attorney
Suffering a brain injury can drastically alter your life, creating physical, emotional, and financial challenges. Whether your traumatic brain injury (TBI) is mild, moderate, or severe, you deserve compassionate and experienced legal support. At Munley Law, our dedicated Philadelphia brain injury attorneys can assist you to secure compensation to cover medical expenses, lost wages, and ongoing care.
Brain trauma has unpredictable outcomes, requiring specialized expertise to navigate complex insurance claims and medical evidence. Our attorneys understand these challenges, negotiate with insurance companies, gather critical evidence, and protect your legal rights. Trust our skilled legal advocates to hold negligent parties accountable.
Contact our Philadelphia brain injury law firm today for a free consultation.
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Traumatic brain injuries (TBIs) occur when an external force, […]
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