“Breach of duty” refers to failing to meet the requirements of a duty of care or legal responsibility. In personal injury law, breach of duty is one of the legal elements of negligence. You must prove all four legal elements to hold a party financially liable for your damages.
Each element must be proven to establish liability for damages. Negligence is common for many personal injury claims, including car accidents, slip-and-fall claims, and medical malpractice.
The elements in a negligence claim are:
- Duty of care
- Breach of duty
- Causation
- Damages
What Is the Duty of Care in a Negligence Claim?
You must prove a legal duty of care existed in order to justify a breach of duty. A duty of care is a legal responsibility imposed by relationships, law, or custom. In personal injury cases, the duty of care requires a party to take reasonable steps to avoid harming someone.
For example, medical professionals have a duty of care for their patients. The medical standard of care is the accepted standard of care widely used by medical professionals in any given set of circumstances. A doctor breaches their duty of care when they fail to provide services that meet or exceed the accepted standard.
Another example is the duty of care owed by drivers. All drivers owe a duty of care to other drivers on the road to drive safely and responsibly. They must follow traffic laws and use reasonable care when operating a vehicle.
Property owners have a duty of care to maintain safe premises for guests. If a property owner fails to correct a hazard or warn guests of known hazards, they could be liable if someone is injured on their property.
Establishing Breach of Duty in a Negligence Case
The standard of care required for a situation varies depending on the circumstances. Juries decide the acceptable standard of care based on the reasonable person standard, which addresses what a prudent person would do in a situation to avoid injuring another person.
The jury compares the defendant’s conduct to the standard of care for the circumstances. If the conduct falls short of the level of care a reasonable person would use, the jury may find that the defendant breached their duty of care.
For example, suppose a driver ignored the speed limit in a school zone. Because they were speeding, they could not stop before hitting someone in a crosswalk.
The jury would likely determine that a reasonable person would have obeyed the speed limit to avoid putting others at risk of harm. Because the defendant failed to obey the speed limit, it presented an unreasonable risk of injury. Therefore, the jury would likely find that the defendant was negligent.
Linking a Breach of Duty to Causation
Proving a party’s negligence does not mean they are legally liable for damages. You must link the breach of duty to the cause of the person’s injury.
Causation requires that you prove the breach of duty was a direct and proximate cause of the accident. In other words, the accident would not have occurred had it not been for the defendant’s conduct.
Recovering Damages for a Personal Injury Case
Finally, you must prove that you sustained injuries and harm because of the person’s breach of duty. Damages in a personal injury case include compensation for your losses and harm.
Economic damages include out-of-pocket expenses, lost wages, and medical expenses. You can also receive non-economic damages for your pain and suffering.
The value of your damages depends on several factors. An experienced accident attorney will gather evidence to build a solid case, proving all the elements necessary to establish liability.
What Is the Deadline to File a Lawsuit Seeking Damages for a Breach of Duty?
Florida recently changed the statute of limitations for most negligence claims to two years from four years. The change applies to claims arising on or after March 24, 2023.
However, exceptions to the rule could change the date. Therefore, contact a Tampa personal injury attorney from Mincone Personal Injury Lawyers at (813) 430-3338 as soon as possible to protect your right to pursue a claim in court.
