Understanding Duty of Care in a Personal Injury Case

Understanding Duty of Care in a Personal Injury Case

Today, people are injured in accidents all the time. Unfortunately, the majority of accidents occur because of someone else’s negligence. If you have suffered any type of injury during an accident and want to seek compensation, there is something important you must first understand in cases involving negligence – duty of care.

What Is Duty of Care?

In the United States, everyone is required to act in a reasonable manner to help prevent an injury to someone else. If you fail to meet this duty of care, you can be held liable for the injury that their actions or their inactions may have resulted in.

The duty to act in a reasonable and safe manner is something that is applicable in the majority of situations. While the specifics depend on the law, there are some professions or situations that have a higher duty of care to prevent harm because of their position.

Examples of Breaches of Duty of Care

There are several ways that duty of care can be breached. Some examples include:

  • During an accident runs a stop sign hitting another motorist. The driver neglected their duty of care to by failing to act as a reasonable driver would have to help prevent the accident. The individual injured may wind up suing the driver for damages because they breached the duty of care that was owed.
  • The owner of property knows there is a hazard on their property but fail to make repairs, causing an injury. In this case, the property owner breached their duty of care to keep the property free from any hazards. They also breached the duty of care by not giving a visitor a warning of the dangerous condition present.
  • A doctor or another medial professional does not have the skill or the ability to provide the level of care a similar physician would offer, which results in an injury to the patient. In this situation, the medical professional has breached their duty and may be held liable.
  • A product has certain design flaws that make it dangerous, which causes harm to consumers. In this case, the manufacturer may be considered liable because they breached their duty of care to create a product that was free from any dangers considered unreasonable.

Tips for Establishing Fault

After it has been determined that you were owed at least some level of duty of care in the situation, you need to demonstrate how the party breached the duty they owed to you. You have to show in what way the party’s conduct was negligent or unreasonable in the situation and why they are legally to blame for the injuries that resulted.

In order to determine negligence and fault in a personal injury case, you must demonstrate the following:

  • You were owed a duty of care in the situation from the other party.
  • The other party breached the owed duty of care.
  • The breach of this duty of care led to your injury.
  • The injury resulted in damages.

Contact an Experienced Lawyer for Help

If you were in a situation where duty of care was breached and this resulted in your injury, you may have the right to recover damages or compensation for the medical costs, the pain and suffering, or the lost wages that you experienced because of the accident. Hiring an attorney is the best way to recover the compensation that you deserve.

Learn more about your rights by taking the time to Contact Anzellotti, Sperling, Pazol & Small by calling (330) 792-6033.