In personal injury law, a breach of duty occurs when someone fails to act with the care that a reasonable person would exercise under similar circumstances.
This failure can result in harm to another person, making the negligent party legally responsible for damages. Understanding a breach of duty is key to proving liability and recovering compensation in a personal injury case.
Defining a Breach of Duty
A breach of duty happens when a person or entity does not meet their legal obligation to act reasonably. In legal terms, this means they failed to fulfill their duty of care.
The duty of care is a standard of behavior expected to prevent harm to others.
For example:
- Drivers have a duty to follow traffic laws and drive safely.
- Property owners must keep their premises free of hazards.
- Doctors must provide treatment that meets professional medical standards.
When someone neglects these responsibilities, they may breach their duty, leading to accidents and injuries.
How Breach of Duty Fits Into Negligence
A breach of duty is one of the four elements required to prove negligence in a personal injury case. These elements are:
- Duty of Care: The defendant owed a legal obligation to the plaintiff.
- Breach of Duty: The defendant failed to meet that obligation.
- Causation: The breach caused the plaintiff’s injury.
- Damages: The plaintiff suffered harm, such as medical bills or lost wages.
If any of these elements are missing, it may be difficult to prove negligence and recover compensation.
Examples of Breach of Duty
Breach of duty can occur in various situations, including:
- Car Accidents: A driver texting while driving fails to see a red light and causes a collision.
- Slip and Fall Accidents: A store owner neglects to clean up a spill, leading to a customer’s injury.
- Medical Malpractice: A doctor misdiagnoses a condition due to not ordering appropriate tests.
- Product Liability: A manufacturer fails to recall a defective product that causes harm.
In each case, the defendant’s failure to act responsibly creates conditions that result in injury or harm.
How Courts Determine a Breach of Duty
Courts often use the reasonable person standard to decide whether a breach of duty occurred. This standard asks:
- Would a reasonable person in the same situation have acted differently?
- Did the defendant’s actions (or inaction) increase the risk of harm?
In some cases, courts may also look at industry-specific standards. For example, medical professionals are held to a higher standard of care based on their training and expertise.
Proving a Breach of Duty in a Personal Injury Case
To prove a breach of duty, you’ll need strong evidence, such as:
- Witness Testimony: Statements from people who saw the accident.
- Photos or Videos: Visual evidence of unsafe conditions or the defendant’s actions.
- Expert Opinions: Testimony from specialists, such as medical professionals or accident reconstruction experts.
- Documents: Maintenance records, medical records, or communication showing negligence.
An experienced personal injury attorney can gather and present this evidence to build a strong case on your behalf.
Breach of Duty and Comparative Negligence in Texas
Texas follows a modified comparative negligence rule, which means your compensation can be reduced if you’re partially at fault for the accident. However, you can only recover damages if you are less than 51% responsible.
For example:
- If you are found 30% at fault and your damages total $100,000, your compensation will be reduced by 30%, leaving you with $70,000.
- If you are 51% or more at fault, you cannot recover compensation.
Because of this rule, proving that the defendant breached their duty is crucial to minimizing your share of fault and maximizing your recovery.
Damages You May Recover in a Breach of Duty Case
If you prove that someone breached their duty and caused your injuries, you may be eligible for:
- Medical Expenses: Costs for emergency care, surgeries, therapy, and future treatment.
- Lost Wages: Income lost due to time away from work.
- Pain and Suffering: Compensation for physical pain and emotional distress.
- Property Damage: Costs to repair or replace damaged property.
- Punitive Damages: Additional compensation in cases of extreme negligence.
The amount you recover depends on the severity of your injuries and the details of your case.
Contact a Personal Injury Lawyer for Help
At Benton Accident & Injury Lawyers, we bring decades of experience in handling personal injury cases in Dallas, TX, and have recovered millions for clients by proving negligence and holding defendants accountable. Here’s how we can assist you:
- Investigate Your Case: We gather evidence to demonstrate a breach of duty.
- Negotiate with Insurers: We handle all negotiations with insurance companies to secure a fair settlement.
- Represent You in Court: If necessary, we will fight for your rights in the courtroom.
With our dedicated team by your side, you can trust that we’ll be with you every step of the way. If you’ve been injured due to someone else’s negligence, don’t wait, call Benton Accident & Injury Lawyers today (214) 556-8321 to schedule a free consultation.