You may have often come across the term “duty of care.” But what does that even mean? Although the term is self-explanatory, having a deep knowledge of this element can be very helpful for you at some point in life.
This article will shed some light on how the duties are breached, breach of duty of care examples, how to claim compensation for duty of care, etc.
Before moving forward, we must completely understand the duty of care.
What Is A Duty Of Care?
Duty of Care is a legal term that no other person should be harmed or suffer because of your action. Failure to abide by this law is known as a breach of duty. If an individual is accused of negligence, they can be exposed to civil liability. This term can include various elements for various individuals, depending upon their role in society. However, regardless of the situation, every person has some duty of care to serve on a personal level.
Unfortunately, quite a several times, people tend to breach this term because of a lack of knowledge or accidentally. Some of those examples are mentioned below:
Examples Of A Breach Of Duty
Let’s examine the breach of duty of care examples to understand it better. Duty of Care is different for every human being on different levels. For example, a business owner has some duties to perform for their staff, and the same person also needs to take care of his duties as a state citizen. Failing to perform any of those can get a person tangled in a negligence case. As victims, individuals must be aware when a defending party can be made to pay the Duty of Care.
Some of the breaches of duty scenarios include:
- A driver, speeding, driving under the influence of alcohol, texting, or attending a call while driving.
- A property owner who fails to get rid of conditions on their property could cause harm to the tenant, neighbors, or visitors.
- A doctor who caused harm or injury to his patient while providing him the treatment.
- A restaurant that serves its customers unhygienic or detrimental food.
- A factory owner failed to provide workers with a safe work environment.
The breach of duty is not just limited to these scenarios. Hence, it is recommended to consult an attorney to understand whether the defendant breached their duty.
How To Prove Breach Of Duty Of Care
The first step in any negligence case is to prove that a duty of care exists. Once it has been established, the next step is to prove that the defendant party did the breaching of their duty of care.
To prove it, you are required to confirm that the following elements are present in the manifestation:
- The defendant owes you a legal duty of care.
- Defendants breached their duties.
- The other party was responsible for your injury or harm.
To prove that the other party is responsible for the breach, you must prove that their negligence caused your injuries. The jury will be the final authority to decide whether the reasonable person can be liable for negligence.
The term reasonable person does not refer to a natural person. Instead, it defines a hypothetical person who acts according to prudent judgment and common sense to eliminate the chances of injury to others. If the reasonable person is found guilty, they may consider him to have breached their duty.
Let’s better understand this term through an example: Suppose a driver ignored a red light, which resulted in an accident. A reasonable person would never break a traffic rule or signals; they would never red glow as it may result in a collision. Therefore the driver, in this case, has not behaved like a reasonable person.
We must also be aware that breach is not just one element. If you fail to prove every element of negligence, the jury won’t approve your claim.
To prove a breach of duty, you must prove that the defending party is not a reasonable person.
How Does A Breach Of Duty Occur?
This situation occurs when a person cannot fulfill his duties towards the victim. To prove that the defendant deemed the duty of care, their actions must fall below the standards of care that needed to be taken.
The standards of care refer to the measure that every reasonable man is expected to take to eliminate the risk of harm or damage. The standard of care varies according to time and is highly affected by circumstantial factors. Remember, every case is judged according to facts and evidence provided by both parties. Hence, be prepared with all these elements to build a strong case from your side.
What Happens If Duty Of Care Is Breached?
If a victim can prove to the jury that the defendant was negligent, they can claim compensation for the following injuries:
- Future and past medical expenses and bills
- Reductions in your earning potential in the future
- Suffering and pain on a physical level
- Emotional agony, mental anguish, and trauma
- Reduction in life’s quality, loss of life enjoyment
- Past and future benefits, lost wages, and other income
- Permanent injury, disabilities, and disfigurement.
- Expenses for long-term nursing and personal care
The amount of compensation the victim will receive varies according to the facts of the case. Severe or fatal injuries, lifelong disability, and permanent impairments increase the claim value.
Contact Coleman Law Group
Compensation for a breach of duty of care can be complicated because of many elements involved. Managing everything on your own can be hectic, and knowing just a few breaches of duty of care examples won’t help you decide whether your case comes under it.
This calls for help from a reputed law firm like Coleman Law Group.
Our lawyers have years of experience handling all cases, including breach of duty of care. They ensure to establish all the facts, collect pieces of evidence, and present strong arguments in front of the jury.