When you or someone you know has been hurt in an accident, it can be a confusing and overwhelming time. You might hear a lot of legal terms thrown around, one of which is “breach of duty.”
Understanding what this term means can help you make sense of your situation and decide what steps to take next. In this article, we’ll break down what a breach of duty is, how it relates to personal injury cases, and what you can do if you think someone has breached their duty to you.
What is Duty of Care?
Before we discuss a breach of duty, we first need to understand what “duty of care” means. Essentially, a duty of care is a legal obligation that requires a person to act with a certain level of care and caution to avoid causing harm to others. Think of it as an invisible rule telling us to be careful and considerate about how our actions might affect the safety of the people around us.
For example, when you drive a car, you have a duty of care to other road users. This means you should follow traffic rules, drive safely, and stay focused on the road to prevent accidents. Similarly, a store owner has a duty of care towards their customers to keep their premises safe and free from hazards, like slippery floors or objects blocking aisles.
Defining Breach of Duty
A breach of duty occurs when someone with a duty of care fails to meet the expected level of care. Suppose a person acts carelessly or recklessly, and this action (or lack of action) causes someone else to get hurt. In that case, they’ve likely breached their duty. This breach can serve as grounds for a personal injury lawsuit. Imagine a scenario where a driver texts on their phone while driving. By doing this, they are not paying full attention to the road, which breaches their duty to drive safely. If their negligence results in a car crash, they can be held accountable for any injuries caused by the accident.
Elements of Negligence
In a personal injury case, proving a breach of duty is crucial to establishing negligence. To succeed in a claim, the injured party (plaintiff) needs to demonstrate four main elements of negligence:
- Duty of Care: The defendant owed a duty of care to the plaintiff.
- Breach of Duty: The defendant failed to meet that duty of care.
- Causation: The breach of duty directly caused the injury or harm.
- Damages: The plaintiff suffered actual harm or injury because of the breach.
All these elements must be present to have a strong negligence case. If even one element is missing, it can be challenging to win the lawsuit.
Examples of Breach of Duty
Understanding a breach of duty can be more straightforward when you see it in action. Here are some everyday examples:
- Medical Malpractice: A doctor must provide care that meets the accepted medical standards. Suppose they make a mistake during surgery, like leaving a foreign object in a patient’s body. In that case, they have breached their duty of care, leading to potential malpractice claims.
- Slip and Fall Accidents: A property owner must keep their premises safe. If they fail to fix a broken staircase or clear ice from a walkway and someone slips and gets injured, the property owner may be liable for breaching their duty of care.
- Product Liability: Manufacturers must produce safe products. Suppose they release a faulty product that harms consumers, like an exploding phone battery. In that case, they can be sued for breaching their duty to ensure the product’s safety.
Understanding these examples can help you determine if a breach of duty occurred in your case. A personal injury lawyer can assist in proving a breach of duty in your situation.
Legal Consequences of Breach of Duty
When a breach of duty leads to an accident or injury, the responsible party may face legal consequences. The injured person can file a personal injury lawsuit to seek compensation for damages. This compensation can cover medical bills, lost wages, pain and suffering, and other related expenses.
Not every accident or injury means there’s been a breach of duty. That’s why gathering evidence, such as witness statements, photos, and medical records, is essential to support your claim. Consulting a personal injury lawyer can also help determine if a breach of duty has occurred in your case.
How a Personal Injury Lawyer Can Help
If you believe someone has breached their duty of care and caused you harm, consulting a personal injury lawyer is a smart move. An experienced attorney can assess your case, explain your legal options, and guide you through the process of seeking justice and compensation.
In summary, a breach of duty occurs when someone fails to act with reasonable care, leading to harm. This is a crucial element in personal injury cases, and proving it can help you secure justice and compensation. If you’ve been injured due to negligence, contact a personal injury lawyer at Powell and Pisman Injury Lawyers can help you. Contact our law firm at (312) 635-5400.