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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Distracted Driving Accident Lawyer
If you have been in an accident caused by a distracted driver, contact a distracted driver accident lawyer at Munley Law. Distracted driving is dangerous behavior and one of the leading causes of severe and deadly car accidents across the country. Across the United States, legislators have begun acknowledging the dangers of distracted driving.
Distracted driving is nothing new. Since the advent of vehicles, drivers have been distracted by sights and sounds from the outside– billboards, reading bumper stickers, the actions of other drivers and pedestrians, and more. Unfortunately, the problem isn’t going away, and with the introduction of constantly changing technology, it is only getting worse.
Distracted driving is one of the most common reasons for traffic injuries and fatalities. In 2021, 3,522 people (drivers, pedestrians, passengers, and bicyclists) died due to distracted driving accidents, according to the National Highway Traffic Safety Administration (NHTSA). […]
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Carbondale, PA Fatal Car Accident Lawyer
Every year in Pennsylvania, more than 1,000 people will die in a car accident. Though nothing can bring them back to their families, there are legal options the loved ones of the deceased can take to secure financial compensation for the losses the accident caused.
If you have lost a loved one in a car accident in Carbondale, the Carbondale fatal car accident attorneys of Munley Law can provide legal guidance to you during this challenging time.
How Can a Carbondale Car Accident Attorney Help After a Fatal Wreck?
Our Carbondale car accident attorneys can guide you through the following legal steps following a fatal car wreck in Carbondale, PA.
Determine a Cause of the Collision and Establish Negligence
We know that determining the cause of a fatal wreck can be a challenge as one of the most critical eyewitnesses is unable to share their testimony. […]
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Pennsylvania Pedestrian Accident Lawyer
Pedestrian accidents can occur unexpectedly, leaving victims with severe injuries and mounting medical bills. In bustling cities like Philadelphia and Pittsburgh and quieter towns like Scranton and Wilkes-Barre, the risk of pedestrian accidents is ever-present so you may need a Pennsylvania pedestrian accident lawyer.
The aftermath of a pedestrian accident can be overwhelming. That’s where we come in. At Munley Law, we understand the challenges you face, and we are dedicated to providing compassionate support and expert legal guidance to accident victims for pedestrian accident claims throughout Pennsylvania.
If you’ve been injured in a pedestrian accident, don’t wait to seek help. Contact an experienced pedestrian accident lawyer at Munley Law today to discuss your case and start your journey toward justice and recovery.
What Are a Pedestrian’s Rights in Pennsylvania?
Under Pennsylvania law, pedestrians have certain rights and protections. A pedestrian hit by a car or truck automatically assumes the benefits of full tort insurance, […]
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What Are the Most Common Motorcycle Accidents in Pittsburgh, PA?
Various factors influence the most common motorcycle accidents in Pittsburgh. In big cities like Pittsburgh, where there are many cars, busy streets, and drivers who might not pay attention, riding a motorcycle can be more dangerous. The roads are often crowded, making it hard for drivers to see motorcycles, and sometimes people are distracted by phones or other things while driving.
After a motorcycle accident in the Steel City, you will need the assistance of a Pittsburgh motorcycle accident lawyer to help you with your claim. Contact Munley Law today to schedule a free consultation.
What Are the Most Common Pittsburgh Motorcycle Accidents?
The most common Pittsburgh motorcycle accidents include the following:
- Intersection Collisions: Pittsburgh, like pretty much all urban areas, has numerous intersections where vehicles of all types converge. Motorcycles can be especially at risk at these intersections because they might be harder for drivers of bigger vehicles to see. […]
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Pennsylvania Motorcycle Accident Lawyer
Motorcycle riders are some of the most vulnerable people on the road. When drivers don’t safely share the road with bikers, the consequences can be devastating. Because motorcycles are smaller than cars, they can be easily missed in a driver’s blind spot. And, without any physical protection from the impact of a crash, the injuries can be life-altering. If someone else’s negligence caused you to suffer serious injuries, the Pennsylvania motorcycle accident lawyers at Munley Law can help make things right.
Start with a no-obligation consultation to discuss your case and understand your rights and options. Munley Law operates on a contingency fee basis, meaning you pay nothing unless we win your case.
How Often Do Motorcycle Accidents Occur in Pennsylvania?
There are more than 794,000 registered motorcyclists in the Commonwealth of Pennsylvania.
According to the National Highway Traffic Safety Administration (NHTSA), […]
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