Breach of duty is a legal term that applies in negligence cases. It is a critical part of every negligence claim throughout the United States, including in Alabama. However, it can be hard to understand.
Essentially, someone breaches their duty when they fail to use reasonable care under the given circumstances. This may seem simple enough, but it can become a complex part of a negligence claim.
Below, we will discuss the specifics of breach of duty and how it applies to a negligence case as explained by personal injury lawyers in Birmingham.
What Are the Elements of Negligence?
Negligence is the cornerstone of most personal injury cases. It is a foundation of tort theory and negligence theory can apply in many different situations.
There are four elements in every negligence claim, regardless of how it happened. The plaintiff must prove each element by a preponderance of the evidence to win the case. This means that it is more likely than not true. If you cannot prove even one element, you cannot prove negligence.
The elements are:
- Duty of care
- Breach of duty
- Causation (direct and proximate)
- Damages
Each element is critical to the claim. As a whole, a plaintiff making a negligence claim argues that the defendant owed the plaintiff a duty of care and breached that duty of care. The breach then caused the accident or injury and the plaintiff suffered monetary or non-monetary damages as a result.
For example, in a car accident case, the plaintiff may argue that the defendant owed the plaintiff a duty of care to drive safely and pay attention to the road. The defendant breached the duty of care when they texted while driving on the highway. While texting, the defendant swerved into the plaintiff’s lane and caused an accident. The plaintiff was hurt and incurred medical bills and emotional suffering.
What Is the Duty Of Care?
The duty of care is a broad legal duty that can apply to anyone. It is an important part of living in a civilized society.
Everyone must act carefully and cautiously as we go about our lives so that we don’t cause unreasonable risk to others. It is unfair to others to put others in dangerous situations because of our careless actions. Of course, sometimes unforeseeable accidents happen and the law doesn’t expect everyone to be perfect.
However, we all must take precautions to avoid foreseeable harm to others or their property. When we fail to do so, we are said to have breached our duty of care.
How Do You Prove a Breach of Duty?
To prove a breach of duty, you must prove that the defendant failed to act as a reasonable person under the specific circumstances. The reasonable person standard is sometimes called the ordinary person standard.
When deciding if someone breached their duty, the court will compare the defendant’s actions (or lack thereof) to a fictitious standard of the ordinary person. The ordinary person is someone who follows the law and doesn’t take unreasonable risks that endanger others.
However, the ordinary person is not perfect. They sometimes make mistakes and that doesn’t necessarily mean that they are unreasonable. The key to a breach of duty is that they are avoiding foreseeable harm.
If the court concludes that the defendant took a risk that an ordinary person would not have taken, then the defendant has breached the duty of care.
Examples of Breach of Duty
Breach of duty is a fact-specific analysis. That means that a breach entirely depends on the circumstances of the accident. You cannot assume a breach of duty based on past situations or fact patterns.
Some common examples of a breach of duty may include:
- Texting while driving
- Speeding
- Failing to fix an unsafe condition on your property promptly
- Leaving a slippery spill on the floor causing someone to slip
- Jaywalking
- Getting into a physical fight with another person
However, it is important to remember that these situations may not always constitute a breach. For example, speeding a dying person to the hospital and then causing an accident is not necessarily the same as speeding to get to the movies and causing an accident.
Since negligence is a very broad area of tort law, the theory of breach of duty can apply to many different types of cases. It could apply in car accidents, slip and falls, truck accidents, funeral home negligence, elder abuse, or even wrongful death cases.
An Experienced Personal Injury Lawyer Can Help You Prove a Breach of Duty Occurred
Breach of duty can be complicated, and the best way to understand it is to talk with a Birmingham personal injury attorney. An attorney can explain whether or not there was a breach of duty in your case, and if you meet all the other requirements of a negligence claim. This is the best way to understand your rights and legal options.
Contact Belt, Bruner & Barnett Personal Injury Lawyers at 205-206-5088 today to schedule a free consultation and discuss your case and legal options.