What Is Breach of Duty?

When you or a loved one suffers an injury due to someone else’s negligence, it’s essential to understand the legal concept of breach of duty. This fundamental aspect of negligence law helps determine liability and the potential for compensation.

Chiumento Law, PLLC in Palm Coast, Florida was founded in 1973. Our team has extensive experience in personal injury cases. We can help you through the complexities of breach of duty. Contact us today at (386) 445-8900 or fill out our online form for a consultation where we can discuss your case and explore your legal options.

What Is a Duty of Care?

A duty of care is the legal obligation one party owes another to exercise reasonable care to avoid causing harm. This duty applies to a wide range of scenarios and relationships, requiring individuals to behave in a manner that prevents foreseeable harm to others.

The level of care expected in a specific situation depends on the relationship between the parties, the foreseeability of harm, and other factors. Examples of duty of care include:

• Drivers – Motorists have a duty of care to operate their vehicles safely and follow traffic laws to protect other road users. This duty includes obeying speed limits, not driving under the influence, and maintaining proper control of the vehicle.
• Property Owners – Owners and occupiers of property have a duty of care to maintain safe premises for visitors, customers, and tenants. This duty involves fixing hazardous conditions, such as broken stairs or slippery surfaces, and providing adequate warning of potential dangers.
• Medical Professionals – Healthcare providers, including doctors, nurses, and other medical practitioners and facilities owe a duty of care to their patients to provide treatment that aligns with established medical standards. This duty includes accurately diagnosing conditions, prescribing appropriate medications, and performing procedures with the required skill and care.
• Manufacturers – Companies that design, produce, and distribute products have a duty of care to ensure the safety of their products for consumers. They must exercise reasonable care in designing, manufacturing, and labeling their products to prevent potential harm.
• Employers – Employers owe a duty of care to their employees. They must provide a safe working environment and adhere to safety regulations. This duty includes offering proper training, equipment, and supervision to prevent workplace accidents and injuries.

In each of these examples, the duty of care exists to minimize the risk of injury or harm to others. Failing to uphold this duty can result in a breach, which may lead to a negligence case if the breach causes someone to be injured.

What Is a Breach of Duty?

A breach of duty occurs when someone fails to uphold their duty of care, resulting in harm to another person. Essentially, it means that the defendant’s conduct fell below the reasonable standard of care expected in the given situation. A plaintiff must prove the defendant’s breach of duty to establish a successful negligence case.

Examples of Breach of Duty

Breach of duty can happen in various ways, depending on the specific circumstances. Some common examples include:

• A driver texts while driving and causes an accident
• A store owner fails to clean up a spill, resulting in a customer slipping and falling
• A doctor fails to diagnose a condition due to not following established medical procedures, causing harm to the patient
• A landlord does not fix a broken staircase, causing a tenant to suffer injuries

How Does Breach of Duty Work in a Negligence Case?

In a negligence case, the plaintiff must establish four elements to prove the defendant’s liability:

• Duty of care – The defendant owed the plaintiff a legal duty of care.
• Breach of duty – The defendant breached that duty by failing to act reasonably.
• Causation – The defendant’s breach of duty directly caused the plaintiff’s injuries.
• Losses – The plaintiff suffered actual harm or loss due to the defendant’s breach of duty

Proving a breach of duty is a critical step in a negligence case. A personal injury attorney can help gather evidence and present a compelling argument to demonstrate the defendant’s breach of duty and subsequent liability.

How Does a Breach of Duty Lead to a Personal Injury Case?

When a breach of duty results in harm, it can lead to a personal injury case. The injured party (the plaintiff) files a lawsuit against the party responsible for the breach (the defendant). If the plaintiff successfully proves that the defendant caused their injuries by breaching the duty of care, the plaintiff may recover compensation for their losses.

Recovering Damages for a Breach of Duty

In a personal injury case, plaintiffs can recover various types of damages, or compensation, for the losses they incurred due to the defendant’s breach of duty. These damages may include money for:

• Medical expenses – Reimbursement for medical treatment related to the injuries
• Lost wages – Compensation for the time the plaintiff missed from work due to the injuries
• Pain and suffering – Monetary compensation for the physical and emotional distress caused by the injuries
• Property damage – Compensation for damage to the plaintiff’s property due to the defendant’s breach of duty

In some cases, plaintiffs may also receive punitive damages in court if the defendant’s actions were particularly egregious or malicious.

Get in Touch with Our Palm Coast Personal Injury Lawyers

If you or a loved one has suffered harm due to someone else’s breach of duty, our dedicated Palm Coast personal injury lawyers at Chiumento Law, PLLC are here to help. We have the experience and skill to work through the legal process and pursue the money you deserve. Our team will work diligently to gather evidence, build a strong case, and advocate for your rights.

Don’t let someone else’s negligence upend your life. Contact Chiumento Law, PLLC today to schedule a consultation and discuss your potential personal injury claim. Together, we will work to hold the responsible party accountable for their breach of duty and pursue the justice and compensation you deserve. Call us now at (386) 445-8900 or contact us online to learn more about your legal options.