What is Breach of Duty?
A duty of care and a breach of that duty are two essential elements to proving a personal injury case based on negligence. A duty of care is a legal obligation to act or behave in a certain manner in accordance with law, custom, or morality. A breach of that duty occurs when someone fails to act in that manner.
Most personal injury cases in Kentucky are based on the concept of negligence. In basic terms, negligence occurs when someone fails to act in a reasonable manner in a specific situation. The plaintiff may sue for compensation when negligence causes an injury or damages, such as in a car accident.
The Basics of Negligence in Personal Injury Cases
To be successful with a personal injury claim, the victim must prove all four elements of negligence. By doing so, they have proven that the defendant’s unreasonable conduct caused their injury. Failure to prove any of the four elements will lead to an unsuccessful claim.
Before determining whether a breach of duty occurred, you must first determine whether a duty existed. You can learn about each element of negligence below.
Duty of Care
The first element of negligence requires establishing that a duty of care existed. This duty can be established through law or simply through the “reasonable person” standard. The reasonable person standard generally applies where no law exists outlining specific conduct.
This standard requires that you act in a manner that would be consistent with a reasonably prudent person in a similar situation. For instance, we all generally owe each other a duty of care not to put others at risk of injury. More specifically, drivers owe others on the road a duty of care to operate their vehicle in a safe and responsible manner.
The duty of care owed to another person can also depend on the relationship between the parties. This is especially true in premises liability cases. The duty of care owed to someone invited onto your property is much higher than the duty owed to a trespasser.
Breach of Duty
Once you have established the duty of care owed to another, you can determine whether a breach of that duty occurred. A breach occurs when a person either fails to act or acts in a manner not consistent with their duty. A breach can occur either through an act or an omission.
For instance, imagine that you are texting while driving. As a driver, you owe others on the road a duty to operate your vehicle safely. Texting while driving is unsafe behavior and could put others on the road at risk of an accident.
It can sometimes be difficult to prove that the defendant breached their duty of care. Evidence can be used to help prove the breach. Examples of evidence used to prove a breach can include:
- Eyewitness testimony
- The plaintiff’s own testimony
- Photos or video surveillance
- Expert opinions
- Physical evidence from the scene
Proving that a breach occurred is critical to being successful with your personal injury claim. An experienced personal injury attorney can help you gather and evaluate the evidence necessary to prove your claim.
Causation
The next thing you must prove is the fact that the defendant’s conduct caused your injuries. Proving causation requires proving both direct and proximate causation.
Direct causation shows that the defendant’s conduct directly led to your injuries. A common way to prove direction causation is by using the “but for” test. Stated another way, you must show that your injuries would not have occurred “but for” the defendant’s conduct.
Proximate cause requires showing that the damages or injuries sustained were a foreseeable result of the conduct. Think back to the texting while driving scenario. If you are texting while driving, getting into a rear-end collision is a foreseeable result. Similarly, the victim’s whiplash injury would be a foreseeable outcome of your conduct.
Damages
The last item you must prove is that you sustained actual damages due to the defendant’s conduct. Damages can include both economic and non-economic damages. Common types of evidence used to prove damages include:
- Medical records
- Doctors’ notes
- Vocational reports
- Personal testimony
If all four of these elements are proven, you are likely to be successful with your personal injury claim. Since Kentucky is a purely comparative negligence state, you can still recover damages even if you are partially at fault for the accident.
How a Personal Injury Attorney Can Help You
Establishing whether a breach of duty occurred is crucial to compensation in a personal injury case. Sometimes, establishing a duty of care and a breach of that duty can be complex. An experienced personal injury attorney can thoroughly investigate your claim and help determine who is responsible. If someone else’s conduct has injured you, you should seek the help of an experienced attorney right away.