What Is “Breach Of Duty?”

What Is “Breach Of Duty? A breach of duty occurs when a person’s conduct fails to meet an applicable standard of care. It is one of the core elements of a negligence claim, and negligence is the legal cause of action in most personal injury lawsuits.

If the defendant’s conduct falls below the standard of care, they are said to have breached their expected duty. For instance, a driver may be guilty of breaching their duty of care if they drive too fast or while distracted, leading to a rear-end collision.

Proving a breach of duty can be complicated, so never wait to consult with a trusted personal injury attorney if you’ve sustained an injury in an accident caused by someone else.

How a Breach of Duty Occurs in a Negligence Case

An injured victim can use negligence to demonstrate the failure of the liable to act reasonably or responsibly.

You can claim negligence in the following incidents:

• Slip and fall accidents
• Truck accidents
• Medical malpractice
• Car accidents
• Wrongful death
• Dog bites
• Construction accidents

There are four elements in a negligence claim:

• The defendant owed a duty of care to the injured victim
• The defendant breached their duty of care
• The breach of care caused harm to the plaintiff/injured victim
• The harm resulted in damages

What Is a Duty of Care?

Duty of care is the legal obligation one person owes to another that requires the exercise of reasonable caution when doing something that could reasonably cause harm. The duty of care may arise from law, custom, or relationships.

There are many situations where people have a duty of care. For instance, a doctor has a duty of care to meet the standard of treatment applicable to the patient’s condition.

A restaurant owner has a duty of care to inspect the condition of pavements to prevent slip-and-fall accidents within the premises.

A duty of care only exists when there is a relationship that establishes the obligation. A doctor doesn’t have a duty of care in managing your finances, nor can an accountant have the duty of honor in improving a patient’s condition.

What Does It Mean To Breach The Duty Of Care?

A breach of the duty of care occurs when the conduct falls short of the level of care a reasonably qualified person would act in a similar situation. A reasonable person is a legal standard determining the applicable level of care in a particular situation.

There is no standard of care for a reasonable person. Instead, the standard varies depending on the circumstances and facts of the case. A jury determines whether the defendant’s action was reasonable or unreasonable.

If the jury finds the defendant’s actions unreasonable, they breached their duty of care, making them liable for injury-related losses.

Examples Of Breach Of Duty

The first step in solving a negligence case is proving that duty of care exists. Then, the injured victim should prove that the defendant breached their duty of care.

Here are typical examples of how a defendant could breach a duty of care owed to a defendant:

• A pet owner knows their dog is likely to attack people but goes ahead and leaves it unattended in public
• A vehicle owner chooses to text and drive on a busy street, causing a side-impact collision.
• A hotel owner knows about an open maintenance hole but does nothing to fix it, leading to a slip and fall accident
• A doctor fails to order a diagnostic test, leading to a misdiagnosis
• A store owner knows of a leaking pipe but does nothing, creating slippery conditions in a public space.

Recovering Damages for a Breach of Duty

You may be entitled to compensation if you’ve sustained an injury due to someone else’s breach of duty. The damages awarded in a breach of duty case help ‘restore’ the injured victim to their earlier state before sustaining an injury.

Here are the common damages you can recover:

Economic Damages

Economic damages represent the financial losses an injured victim has experienced or will experience due to physical harm. You can put a specific dollar value on these because economic damages involve a tangible loss.

Economic damages make up a substantial portion of a victim’s claim.

They may include:

• Medical expenses
• Lost income
• Lost-earning capacity
• Out-of-pocket expenses

Non-Economic Damages

In addition to financial losses, an injured victim suffers other intangible losses that are difficult to quantify.

There are various types of non-economic damages you can obtain depending on the circumstances of your case, including:

• Pain and suffering
• Emotional anguish
• Loss of companionship/loss of consortium
• Loss of enjoyment of life
• Permanent disability, disfigurement, or impairment

Punitive Damages

Punitive damages, also known as exemplary damages, are awarded in addition to compensatory damages. A court or a jury can award punitive damages to punish severe or egregious misconduct on the part of a defendant.

Defenses to a Negligence Claim

A defendant may deny breach of duty by claiming that the duty did not exist. When a defendant disputes the existence of a duty, they can claim they were not in a position to care towards the plaintiff, thus having no responsibility for the harm.

The defense attorney may also raise allegations of comparative negligence, which can reduce the value of your claim. If you’re partially liable for the accident, your percentage of fault will reduce the value of a personal injury claim.

The defendant may also introduce the defenses such as assumption of risk. Assumption of risk means the plaintiff was aware of the risk of injury, so the defendant shouldn’t be liable for the injuries. These are only some challenges in personal injury claims.

Call a Personal Injury Lawyer Today for a Free Consultation

You deserve compensation for your losses if you’ve sustained an injury due to someone else’s breach of duty. It can be challenging to demonstrate a breach of duty and prove their action or inaction caused your injury. An experienced attorney from The Barnes Firm can investigate your case, gather evidence, and hold the liable party accountable.

Contact us online or at (800) 800-0000 for a free case evaluation.

Richard Barnes – President of The Barnes Firm

Richard Barnes: “As President of The Barnes Firm, I have dedicated my career to achieving justice in hundreds of cases for the victims of injuries caused through the fault of others. Additionally, I have been honored to have been elected Best Lawyer and a Super Lawyer”

Years of Experience: 30+ years
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