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
Easton Catastrophic Injury Lawyer
Catastrophic injuries are severe injuries that have a profound and long-lasting impact on the victim’s life. These injuries often result in permanent disability, significant suffering, and substantial medical and personal challenges. If you were involved in a serious accident that resulted in a catastrophic injury, your first option is to speak with an experienced Easton catastrophic injury lawyer at Munley Law. We have over 60 years of experience helping injury victims recover from a severe injury. We’re here for you. Contact us today to schedule a free consultation.
What is Considered a Catastrophic Injury?
When an accident results in severe, life-altering injuries, it falls under the legal category known as “catastrophic injuries.” These are 
injuries that impose significant and long-term effects on the victims, often preventing them from returning to their pre-accident lifestyle and work.
In legal terms, a catastrophic injury permanently prevents an individual from performing any gainful work, […]
Read MoreMore information about Negligence
Williamsport Birth Injury Lawyer
Welcoming a new child into the world should be a time of joy and celebration, but when birth injuries occur, this momentous occasion can quickly turn into a period of uncertainty and distress. In Williamsport, families facing the challenging aftermath of a birth injury need compassionate, skilled legal representation.
At Munley Law, our dedicated team of Williamsport birth injury lawyers understands the complexities of these cases and the profound impact they have on families. We are committed to providing the support, guidance, and expert legal representation you need to navigate this difficult time. If your family is grappling with the consequences of a birth injury, contact Munley Law today for a free consultation and take the first step towards securing the justice and compensation you deserve.
What Are Birth Injuries?
Birth injuries are various forms of physical harm or trauma that a baby may suffer during the childbirth process. […]
Read MoreMore information about Negligence
Bloomsburg Wrongful Death Lawyer
If you’ve lost a loved one due to someone else’s negligence or misconduct in Bloomsburg, you may be entitled to compensation. As experienced Bloomsburg wrongful death lawyers, we understand the complexities of these cases and are here to help you navigate this difficult time.
What is Wrongful Death?
Wrongful death occurs when a person dies due to the negligence or misconduct of another party. Examples include fatal accidents, medical malpractice, or criminal actions. In these cases, the deceased’s family may be eligible to file a wrongful death lawsuit to seek compensation for their loss.
Key Aspects of Wrongful Death
Negligence: The foundation of a wrongful death claim is the demonstration that the death resulted from another party’s negligence, 
misconduct, or intentional act. This could include a range of scenarios, such as a car accident caused by a reckless driver, a fatal injury due to unsafe working conditions, […]
More information about Negligence
Williamsport Bicycle Accident Lawyer
If you’ve been involved in a bicycle accident in Williamsport, you understand the confusion and pain that follows. At Munley Law, our experienced Williamsport bicycle accident lawyers are dedicated to helping you navigate these challenging times. We’re here to ensure you receive the justice and compensation you deserve. We offer free consultations and we do not collect a fee for our services unless we win your case.
Common Causes of Bicycle Accidents in Williamsport, PA
Bicycle accidents in Williamsport can occur due to various reasons, often involving motorist negligence. Common causes include:
Distracted Driving: When drivers are not fully attentive to the road, bicyclists can pay the price. Driver distraction is one of the leading causes of crashes in Williamsport and may include behavior such as texting, using social media, engaging with a navigation system, eating or drinking, or any other activity that takes one’s attention away from the task of driving. […]
More information about Negligence
The Medical Impact of Car Accidents on Victims in Hazleton
Car Accident Attorneys Dedicated to Hazleton Accident Victims
At Munley Law, we understand the life-altering impact of car accidents, which can result in severe injuries or tragic loss, burdening individuals and families with overwhelming costs and emotional turmoil. Navigating the aftermath of a car crash is challenging, especially when seeking adequate insurance claims or facing wrongful death cases. Our Hazleton car accident attorneys are dedicated to advocating for our clients, ensuring they receive the full compensation they are entitled to. We provide expert legal counsel to prove negligence to evaluate damages and engage in assertive negotiations; our focus is on securing settlements that promote your journey of recovery after a traumatic motor vehicle accident. At Munley Law, your recovery is our priority.
Understanding Car Accident Injuries
When you’re in a car crash, the sudden and forceful impact can cause a lot of harm to your body, […]
Read More
