In personal injury law, the “duty of care” is the very basis upon which any case is found. It is a legal obligation that one party owes another for the purpose of avoiding causing harm to that party. Duty of care needs to be established to prove negligence, consequent to which compensation can be claimed for the injuries sustained due to that negligence.
Personal injury attorneys at TopDog Law understand this principle inside and out, guiding their clients through the difficult process of proving duty owed, duty breached, and injury caused. Let’s delve into what duty of care really means and how it works in cases, and why it is the linchpin of personal injury law.
What is Duty of Care?
Duty of care means a responsibility by one person or entity to ensure that their actions cause no harm to another individual. It is based upon the assumption that certain relationships and situations, by their very nature, create a degree of care for preventing injury. For example, while on the road, a driver owes a duty of care to other drivers, pedestrians, and cyclists to drive responsibly within the limits of the highway. Property owners owe a duty to guests upon their property; their customers, tenants, or friends keep the property safe. Doctors owe a duty of care in treatment to their patients, for example, in medical care.
Sometimes, statutory laws stipulate a duty of care in public spaces or places or even within specialized environments, such as a hospital. More often, however, the duty of care arises based on general expectations of safety. Thus, for example, a teacher should exercise care to supervise children in his classroom so they do not harm themselves, just as the owner of a restaurant has a duty of care to mop up floors once spills are made in order to avoid slips and falls.
The Breach of Duty of Care
Once the duty of care is established, the next step is to prove that it was breached. A breach of duty occurs when a person or entity fails to act with reasonable care and, as a result, causes harm to someone else. This can happen through actions or omissions. For example, if a driver runs a red light, they have breached their duty of care to other road users by failing to follow traffic signals, putting others in danger. Similarly, if a property owner fails to repair broken steps and a visitor falls, they have breached their duty of care by not maintaining the premises safely.
In personal injury cases, proving that a duty of care was breached is key to showing negligence. In some cases, this is straightforward, but in others, it requires expert testimony or evidence to demonstrate that the defendant’s actions fell short of what would be expected of a reasonable person in a similar situation.
The Role of Special Relationships
The duty of care is not always equal in every scenario. Certain relationships between people or entities impose a heightened duty of care. For instance, doctors owe a heightened duty of care to their patients, as patients rely on medical professionals to provide competent treatment. Similarly, teachers or childcare providers have a special responsibility to ensure the safety of children in their care. In these situations, the standard for what constitutes reasonable care is higher because the person or entity responsible is in a position of trust and authority.
These special relationships are crucial in personal injury law because they establish an increased expectation of protection. If a party with a heightened duty of care breaches that responsibility, it may lead to more severe consequences and higher potential compensation for the injured party.
The Importance of Duty of Care in Personal Injury Cases
The duty of care is the starting point in any personal injury lawsuit. Without it, there is no basis for proving negligence, which is essential for the injured party to secure compensation. When a plaintiff can show that the defendant owed them a duty of care, breached that duty, and caused harm as a result, they can proceed with their case for damages.
For example, in a car accident case, the duty of care is established as a responsibility to follow traffic laws. If the other driver failed to stop at a red light and caused an accident, the plaintiff can argue that the defendant breached their duty of care by failing to obey traffic laws, leading to the plaintiff’s injuries.
and then