If you’ve been injured in an accident and are considering legal action, you may have heard the term “breach of duty” thrown around. But what does it actually mean, and how does it impact your personal injury case? Understanding breach of duty is critical because it’s one of the key elements in determining whether you have a valid personal injury claim.
In this article, we’ll break down what a breach of duty is, how it fits into personal injury law, and what you need to know if you think you’ve been harmed due to someone else’s negligence.
What is a Breach of Duty?
A breach of duty occurs when someone fails to fulfill their legal responsibility to act in a certain way, resulting in harm or injury to another person. In the context of personal injury law, a duty is often defined as the obligation to act with reasonable care to prevent foreseeable harm. For example, drivers have a duty to drive safely and obey traffic laws. Property owners have a duty to maintain safe conditions for visitors. Doctors have a duty to provide competent and professional care.
When someone fails in that duty — whether by acting negligently or carelessly — and their actions lead to injury, a breach of duty has occurred.
Breach of Duty in Personal Injury Cases
Breach of duty is a fundamental component of personal injury claims, especially in cases involving negligence. If you’re injured in an accident, the first step in determining if you have a valid claim is figuring out whether the responsible party failed in their duty of care. This can happen in many different scenarios, including:
- Car Accidents: A driver who runs a red light, speeds, or is texting behind the wheel is breaching their duty to drive safely.
- Slip and Fall Accidents: If a business owner fails to clean up a spill or fix a broken step, and you slip and fall. As a result, they have breached their duty to maintain a safe environment.
- Medical Malpractice: If a doctor makes an error during surgery or misdiagnoses a condition, they may have breached their duty to provide proper care.
- Product Liability: If a manufacturer sells a defective product that causes injury, they’ve breached their duty to ensure their product is safe for use.
In each of these cases, the person or entity that failed to meet their duty of care may be held legally responsible for the harm that resulted.
Proving Breach of Duty in a Personal Injury Case
To prove that a breach of duty occurred, you need to establish the following elements:
- Duty: The responsible party (the defendant) owed you a duty of care. For example, a driver has a duty to follow traffic laws, or a store owner has a duty to keep their premises safe for customers.
- Breach: The defendant failed to uphold that duty. This could be through negligence, recklessness, or failing to act where action was needed.
- Causation: The breach of duty directly caused your injury. You must show that the defendant’s failure to act in a reasonable manner led to the harm you suffered.
- Damages: You suffered actual harm or loss. This could include physical injuries, medical expenses, pain and suffering, lost wages, and more.
For example, let’s say you were injured in a car accident because the other driver ran a stop sign. You would need to prove that the driver had a duty to stop at the sign, that they breached that duty by running the red light, and that the accident caused you harm. You would also need to show the damages you suffered as a result, such as medical bills, lost wages, or pain and suffering.
Legal Precedents: Breach of Duty in Personal Injury Law
The law has established several key cases where breach of duty played a significant role in determining fault. One such case is Barnes v. Washington, 366 S.W.3d 551 (Mo. App. 2012), where the court found that a driver who ran a stop sign had breached their duty to other drivers on the road, leading to a car accident. The court ruled that because of this breach, the injured party was entitled to compensation for their injuries.
Additionally, Missouri law holds that anyone who negligently causes an injury to another person can be held liable for damages. The statute emphasizes that once a duty is breached, the injured party can seek compensation for medical expenses, lost wages, and pain and suffering.
Common Defenses to Breach of Duty Claims
In personal injury cases, defendants may argue several defenses to counter a claim of breach of duty:
- Contributory or Comparative Negligence: In many jurisdictions, including Missouri, the defendant might argue that you, the plaintiff, were partially responsible for the accident. This is known as comparative negligence.
- No Causation: The defendant may argue that their breach of duty did not directly cause your injuries. This is often a point of contention in personal injury cases.
- Assumption of Risk: In some cases, the defendant might argue that you voluntarily assumed the risk of injury.
Consulting with an experienced attorney is essential to understanding your rights and building a solid case.
When Should You Seek Out Legal Help?
If you believe someone breached their duty of care and you’ve been injured as a result, it’s crucial to seek legal help as soon as possible. Proving a breach of duty in a personal injury case can be complex, and the sooner you involve an experienced attorney, the better your chances of securing the compensation you deserve.
An attorney can help you gather evidence, build a strong case, and navigate the often-complicated legal process. They will work to prove that the responsible party breached their duty and that their actions directly caused your injuries.
Contact a Kansas City Personal Injury Lawyer for Help Recovering Non-Economic Damages
Dealing with a personal injury claim can be complicated. This is especially true when it involves non-economic damages, as they are more subjective. If you’ve been injured in an accident in Missouri, it’s a good idea to talk to a Kansas City personal injury attorney of Dickerson Oxton. A skilled lawyer can explain your rights, guide you through the process, and work to get you the compensation you need and deserve.
Contact a qualified personal injury lawyer in Kansas City at (816) 268-1960 today for a free consultation.