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Personal injury law in the United States aims to provide justice for individuals who suffer losses as a result of someone else's negligence. There are various elements in personal injury law, one of which is the "breach of duty of care."
In this blog post, you will learn what the breach of duty of care is, common examples, and how to prove a breach of duty of care.
Also, if you are in a similar situation, don’t hesitate to discuss your case with a personal injury lawyer.
What is the Breach of Duty of Care?
Understanding the duty of care is essential before knowing what constitutes a breach.
The legal responsibility one party bears to another to prevent harm is known as the duty of care. This duty exists in a number of situations, ranging from providing medical care to operating a vehicle.
When an individual fails to meet the standard of care, which is a fair need in any given situation, that individual breaches their duty of care. What a normal, mindful person would do in the same situation is the core of the standard of care.
Common Examples of Breach of Duty of Care
A breach of duty of care could result in personal injury claims in a variety of situations. Some common examples include:
- Car Accidents: Drivers violate their duty of care to other road users when they speed, text while driving, or drive while intoxicated.
- Medical Malpractice: A doctor breaches their duty of care if they do not give the proper medication, misdiagnose a patient, or perform the wrong surgical procedure.
- Slip and Fall Accidents: A property owner may be liable for not fulfilling their duty of care if they are aware of a dangerous condition, like a wet floor, but take no action to address it or alert others.
- Product Liability: Manufacturers and distributors are mainly responsible for guaranteeing the safety of their products. If a defective product results in injury, the company has violated its duty of care.
How Can a Personal Injury Lawyer Help?
One of the most important steps in personal injury cases is figuring out the duty of care.
For example, in a medical malpractice case, you need to talk with medical professionals to find out whether the healthcare practitioner met all the guidelines.
Also, by analyzing medical records, you can determine if the doctor's actions were wrong and led to harm. In these circumstances, a good personal injury lawyer will help you with all the complex steps, including filing a claim, collecting proof of injury, negotiating, and gaining the correct amount of compensation.
How to Prove a Breach of Duty of Care?
Identifying the breach of duty of care is only one aspect of a successful personal injury claim. To win a case, the plaintiff must show that the other person's breach caused physical or mental harm and that they suffered losses as a result. The case involves proving that the defendant's acts caused the harm directly.
The court applies the "reasonable person" criteria to determine whether a breach occurred. It means the defendant's actions will be comparable to what an ordinary, reasonable person would have done in the same situation. A breach of duty likely occurred if the defendant's actions differed significantly from this norm.
Conclusion
The breach of duty of care is the foundation for establishing negligence and determining liability in cases where someone is injured or loses their life due to another party's failure to act responsibly.
With the help of a good personal injury lawyer, you can ensure that the breach has occurred and protect your rights.