What Is a Duty of Care in a Personal Injury Claim?
Posted on behalf of Gordon & Partners on Jun 27, 2018 in Personal Injury
A “duty of care” refers to a person, corporation or entity’s obligation to ensure the safety of others. In order to recover compensation after an accident, you must prove the other party owed you a duty of care and breached its obligation by causing your injury.
However, this will require you to establish a case against the at-fault party proving it acted in a negligent or reckless manner that differs from the actions a reasonably prudent person would take under similar circumstances.
If you were injured in an accident, it is important to contact an experienced attorney for help with your claim. Gordon & Partners’s West Palm Beach personal injury lawyer s can help you establish whether the other party owed you a duty of care to ensure your safety and may owe you compensation after causing the accident that resulted in your injury. Contact us to schedule a free, no obligation consultation to find out if you have a case against the at-fault party involved in your accident.
How Do You Establish Duty of Care?
In order to establish a duty of care, you must be able to show that the at-fault party was in a position to ensure the safety of others. This means the he or she was required to act or behave in a certain manner that would have avoided causing an accident that resulted in another person’s injury.
For example, a duty of care may exist in the following scenarios:
- Motorists have an obligation to ensure the safety of others by driving in a safe manner to avoid causing accidents
- Property owners have a duty of care to ensure their property is clear of dangerous hazards that may injure guests and visitors
- Health care providers owe their patients a duty of care by providing treatment and care that upholds the medical community’s standards
When Does Someone Owe Reasonable Care?
Reasonable care refers to when reasonably prudent person acts with caution and consideration for how his or her actions may affect others.
If someone’s action or inaction shows a failure to exhibit reasonable care towards another person, he or she may be found liable for the accident. This may occur when a motorist fails to exhibit reasonable care while driving and causes an accident that injures or kills another motorist.
Breach of Duty of Care
A breach of duty occurs when the at-fault party fails to uphold his or her obligation to ensure your safety. This can occur in the following situations:
Health care providers have a duty to treat their patients’ injuries and ailments according to the accepted standards of care held by the medical community.
This means they must take every precaution to avoid harming their patients. If a patient suffers an injury because of a health care provider’s error, it may be considered a breach of duty of care.
Property owners have a duty to ensure their property is free from any dangerous hazard that may harm guests or visitors.
If a hazard exists on the property that the owner knows about, or should know about, he or she must take the proper steps to fix the condition. If the owner is unable to fix the hazard, he or she must adequately warn guests or visitors of the hazard’s existence.
If a property owner fails to take steps to ensure his or her guests or visitors safety, it may be considered a breach of duty of care.
Manufacturers, distributors and retailers owe consumers a duty of care to make and sell products that are reasonably safe when used correctly.
If a consumer is harmed using a product as it was intended to be used, or one that is inherently dangerous but did not have an adequate warning, the manufacturer has breached its duty and can be held liable.
Motor Vehicle Accidents
Motorists have a duty of care to safely operate a vehicle and follow local traffic laws to ensure the roadway is safe for other drivers, passengers and pedestrians.
If a motorist fails to act in a reasonably prudent manner while driving, he or she may have breached his or her duty of care and can be held liable for the victim’s injury.
Contact a Lawyer
If you or someone you love has been injured in an accident that resulted from one party breaching its duty, do not hesitate to contact an experienced attorney to discuss your claim.
Gordon & Partners has helped numerous victims of negligence obtain the justice and compensation they deserved after being injured as a result of another’s negligence. We will help you determine if the other party owed you a duty of care and help pursue maximum compensation for your claim.
All of our services are provided on a contingency fee basis, which means you only have to pay us if we recover compensation on your behalf. There is no risk to schedule a free, no obligation consultation to find out if you have a case against the at-fault party.
Complete a Free Case Evaluation form to get started.