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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Helicopter Crash Lawyer
Helicopter accidents often result in severe injuries and long-term physical, emotional, and financial challenges. An experienced attorney can help you understand your legal options if you’ve been involved in a helicopter crash.
Several factors can contribute to these accidents, including mechanical failures, maintenance issues, or operational errors. At Munley Law, our helicopter accident lawyers have the expertise to thoroughly investigate the cause and help determine if you’re entitled to compensation.
Our aviation accident attorneys understand the complexities of aviation law and regulations. We’ll guide you through each step of your case, from investigation to resolution. Contact us for a free consultation to discuss how we can assist with your helicopter accident claim.
Investigating Helicopter Crashes and Determining Liability
After a helicopter crash, local law enforcement and emergency services may be the first on the scene. Although these parties are unlikely to handle the entire investigation, […]
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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.
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, […]
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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. […]
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Building Collapse Lawyer
When a building collapse occurs, the consequences are devastating – often resulting in catastrophic injuries, loss of life, and
overwhelming financial burdens for victims and their families. At Munley Law, we understand the profound and life-altering impact of these accidents on your health, finances, and future. Our building collapse lawyers thoroughly investigate the cause of the collapse and identify all potentially liable parties, from property owners to contractors, engineers, and construction companies.
Working with structural engineering experts, we determine negligence and safety violations while gathering critical evidence, such as accident reports and witness accounts. Munley Law vigorously advocates to secure just payment for victims’ medical bills, lost income, emotional distress, and long-term care needs. With extensive experience handling catastrophic injury cases, we provide personalized, compassionate support throughout the legal process.
Our Approach to Building Collapse Cases
At Munley Law, […]
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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.
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, […]
