A breach of duty occurs when a person or business fails to meet a legal duty owed to another person. It is an important part of many personal injury cases based on negligence. In simple terms, people are often expected to act with reasonable care so that they do not put others in danger. When someone fails to use that level of care, they may have breached their duty.
For example, drivers have a duty to operate their vehicles with reasonable care. Property owners may have duties to keep their property reasonably safe for visitors. Medical professionals also have duties toward their patients.
However, a breach of duty alone does not always give rise to a successful personal injury claim. The injured person generally must also show that the breach caused an injury and resulted in damages.
What Is a Duty of Care?
A duty of care is a legal responsibility to act with a certain level of caution. Duty of care generally refers to an obligation to behave in a particular way, often based on what is reasonable under the circumstances.
The exact duty can depend on the situation. A driver, for example, must take reasonable steps to avoid causing crashes. A store may have a duty to address dangerous conditions that could hurt customers. A doctor must provide care that meets the proper professional standard.
Before a court considers whether a duty was breached, it generally must determine whether the defendant owed a legal duty to the injured person in the first place.
How Does a Breach of Duty Happen?
A breach occurs when someone fails to meet the level of care required under the circumstances. Courts often consider what a reasonably careful person would have done in a similar situation. The answer can depend on the facts of each case.
Examples of conduct that could amount to a breach of duty include:
- A driver texting while driving
- A business failing to clean up a known spill
- A property owner ignoring a dangerous broken stair
- A medical provider failing to follow the proper standard of care
- A company failing to take reasonable steps to correct a known hazard
These actions do not automatically prove liability. The injured person still generally needs to establish the other required parts of a negligence claim.
What Is the Reasonable Person Standard?
The “reasonable person” standard is commonly used to decide whether someone acted with enough care. It does not ask whether the defendant personally believed their actions were safe. Instead, it asks how a reasonably careful person would have acted under similar circumstances.
For instance, imagine a driver approaches a busy intersection while the traffic light is red. A reasonable driver would normally stop. If the driver speeds through the red light and causes a crash, that conduct could support a finding that the driver breached a duty of care.
The standard can change depending on the situation. Professionals may be judged according to standards that apply to their profession. The facts surrounding an accident are therefore important when deciding whether a breach occurred.
How Does Breach of Duty Fit Into a Negligence Claim?
Breach of duty is only one part of a negligence case. Negligence generally involves a legal duty, breach of that duty, harm, and a connection between the defendant’s conduct and the harm.
An injured person generally needs evidence showing that:
- The defendant owed the injured person a legal duty.
- The defendant breached that duty.
- The defendant’s conduct caused the injury.
- The injured person suffered harm or losses.
This means careless conduct by itself may not be enough. There must generally be a connection between the breach and the injury. If the same injury would have happened even without the defendant’s conduct, proving a negligence claim may be more difficult.
Why Is Breach of Duty Sometimes Difficult to Prove?
Some breaches are easier to identify than others. A video showing a driver running a red light may provide strong evidence of careless conduct. Other cases are less clear. The parties may disagree about what happened or what a reasonable person should have done.
The defendant may argue that reasonable precautions were taken or that the danger could not have been predicted. There may also be questions about whether another person contributed to the accident.
Because negligence cases depend heavily on their facts, a careful investigation is important. An attorney can gather records, interview witnesses, review photographs and videos, and work with experts when needed. This evidence can help determine whether the defendant failed to meet a legal duty and whether that failure caused the client’s injuries.
Contact Ferrell Injury Law for a Complimentary Case Evaluation With a Boulder Personal Injury Attorney
If you were injured because another person or business failed to act with reasonable care, you may have questions about whether a breach of duty occurred. Ferrell Injury Law can review the circumstances of your accident and help you understand your legal options.
A personal injury lawyer can investigate how the injury happened, identify parties who may be responsible, gather evidence, deal with insurance companies, and evaluate the losses caused by the accident. The attorney can also explain how the laws that apply to your case may affect your rights.
Every personal injury claim is different, and deadlines may apply to filing a lawsuit. Contact our Boulder personal injury attorney at (720) 687-2795 for a complimentary case evaluation.
