What Is Breach of Duty?
Breach of duty is an important concept in personal injury law. It occurs when someone who owes another person a duty of care fails to act as a reasonably careful person would under similar circumstances.
For example, drivers have a responsibility to operate their vehicles safely. A driver who speeds, runs a red light, or drives while distracted may breach that duty. If the breach causes an accident and injuries, the driver may be held responsible for the resulting damages.
Breach of duty is one of the elements an injured person generally must establish to prove negligence and recover compensation in a personal injury case.
What Is a Duty of Care?
Before there can be a breach of duty, there must first be a duty of care. A duty of care is a legal obligation to act with reasonable caution to avoid causing foreseeable harm to others.
The duty that applies depends on the circumstances.
Common examples include:
- Drivers must operate their vehicles with reasonable care.
- Property owners may have duties to maintain reasonably safe premises.
- Businesses may have duties to protect customers from certain hazards.
- Healthcare providers must meet applicable professional standards of care.
- Employers may have responsibilities concerning workplace safety.
Whether a duty exists and the extent of that duty can depend on state law, the relationship between the parties, and the circumstances surrounding an accident.
What Does It Mean to Breach a Duty of Care?
A breach occurs when someone’s actions or failure to act fall below the applicable standard of care.
In many personal injury cases, this means comparing the defendant’s behavior with what a reasonably careful person would have done under similar circumstances.
Suppose a driver approaches an intersection while looking at a text message. Because the driver is distracted, they fail to notice a red light and collide with another vehicle. A reasonably careful driver would pay attention to the road and obey the traffic signal. The distracted driver’s conduct could therefore constitute a breach of duty.
However, an accident does not automatically establish a breach. The injured person generally needs evidence showing that the defendant acted unreasonably.
What Are Some Examples of Breach of Duty?
Breach of duty can occur in many different types of personal injury cases.
Examples may include:
- Speeding or driving too fast for road conditions
- Running a red light or stop sign
- Texting while driving
- Following another vehicle too closely
- Failing to clean up a dangerous spill in a store
- Ignoring a known hazardous condition on a property
- Failing to properly maintain a commercial vehicle
- Failing to follow applicable workplace safety requirements
The same conduct will not necessarily amount to a breach in every situation. Courts generally consider the circumstances surrounding the incident when deciding whether someone failed to exercise reasonable care.
How Do You Prove Breach of Duty?
Proving a breach of duty often requires evidence showing what happened before and during an accident.
The evidence will depend on the type of personal injury case. In a car accident claim, useful evidence might include photographs, videos, witness statements, police reports, vehicle damage, and electronic data.
A premises liability case might involve surveillance footage, maintenance records, inspection reports, photographs, and evidence showing how long a dangerous condition existed.
Some cases may also require expert testimony. For example, medical malpractice cases often involve medical experts who can explain the applicable professional standard of care and whether a healthcare provider’s actions fell below it.
Is Breaking the Law a Breach of Duty?
Violating a safety law can provide important evidence of negligence. A driver might violate traffic laws by speeding, failing to yield, or running a red light. A property owner or business might violate a building code or another safety regulation.
Depending on state law, violating certain statutes may support a finding of negligence or the application of a legal doctrine known as negligence per se.
However, proving that someone violated a law does not necessarily mean an injured person automatically receives compensation. The other requirements of a personal injury claim generally must still be established.
What Are the Elements of Negligence?
Breach of duty is usually one of four basic elements of a negligence claim:
- Duty: The defendant owed the injured person a duty of care.
- Breach: The defendant failed to satisfy that duty.
- Causation: The breach caused the accident or injury.
- Damages: The injured person suffered losses as a result.
Each element matters. Someone can behave carelessly without causing another person’s injuries. In that situation, their careless behavior alone may not be enough to establish liability for a personal injury claim.
What Is the Difference Between Breach of Duty and Causation?
Breach of duty and causation address separate issues.
Breach asks whether someone failed to act with the appropriate level of care. Causation asks whether that failure actually caused the person’s injuries.
For example, imagine a grocery store fails to clean up a spill within a reasonable amount of time. That failure could potentially constitute a breach of duty. If a customer slips on the spill and suffers an injury, there may also be a connection between the breach and the injury.
What Damages May Be Available in a Personal Injury Case?
When a breach of duty causes an injury, the injured person may be entitled to pursue compensation for their resulting losses.
Depending on the circumstances, damages may include:
- Medical expenses
- Future medical treatment
- Lost wages
- Reduced earning capacity
- Property damage
- Pain and suffering
- Emotional distress
- Disability or disfigurement
In limited cases involving especially serious misconduct, punitive damages may also be available. The damages that can be recovered and any limitations on them depend on applicable state law.
Contact an Irvine Personal Injury Lawyer at Fielding Law for a Free Consultation
Breach of duty is a central part of many personal injury claims, but proving it can require a careful review of the facts and available evidence. Establishing that someone acted carelessly is also not enough by itself. The injured person generally must show that the breach caused their injuries and damages.
If you were injured because of another person’s negligence, a personal injury lawyer at Fielding Law can evaluate what happened and explain whether you may have a claim. Contact us today at 833.88.SHARK for a free consultation.