Duty of Care and Personal Injury Claims

When an individual, entity, or corporation causes injuries to another individual and “duty of care” was neglected, those who caused the damages are at fault.  Duty of care means there is an expected amount of responsibility for one’s behavior in a way that is safe towards others.  When those common actions are neglected and injuries result, the party that has neglected their responsibility towards the safety of others is liable and may be accountable for compensation. 

When a personal injury claim is being filed, it is important to define if there was a breach in the duty of care and by which party.  The best way to build a solid case of negligence against an at-fault party is with the help of a Phoenix personal injury attorney. 

Duty of Care Defined

There is a specific manner in which persons, corporations, and entities are to behave which is reasonable to ensure the safety of others.  For example, when you are driving on the road you are expected to operate your vehicle in a safe manner, following the rules of the road, so that you and your passengers, as well as others around you, are safe.  Other drivers on the road are expected to do the same. If a driver is driving while intoxicated, they are breaching their duty of care because they are being unsafe on the road and putting their passengers and others at risk.

Reasonable Care Defined

Reasonable care is not strictly defined, but rather subjective in that it is a manner that any reasonable person who is responsible would behave.  If there is a basic fault of rational actions in what the party does or fails to do to prevent others from being safe, this could constitute negligence and liability as a result.  An example would be if a motorist was playing a video game on their phone while driving, they would then be driving recklessly. If an accident results because of this reckless driving and behavior, it is a valid argument a lack of reasonable care was exhibited.

Breach of Duty

A breach of duty is when a party fails to behave with the duty of care owed to others.  A breach of duty may mean acting in a negligent manner which would result in legal liability.  In order to prove breach of duty, the following must occur:

• The victim was owed a duty of care by the liable party
• The liable party breached its duty of care
• The injuries that resulted from the accident are directly related to the breach of duty
• Damages were suffered as a result of the liable party’s actions which occurred from their breach of duty

Personal Injury Claims and Breach of Duty

When a personal injury or wrongful death occurs from a breach of duty by one party, the party who suffered the damages can be compensated for their losses.  In auto accidents, this happens when a driver engages in unsafe driving practices which cause an accident that leads to injuries or death.  

Slip and falls can be from property owners’ lack of action or negligent actions which causes injuries towards others.  For instance, if obstacles or hazards aren’t cleared so that those who pass through can pass safely or if there is a hazard that the owner knows about but fails to fix, both of these can lead to a breach of duty which results in owner liability.  Product liability is similar in that manufacturers are required to distribute products that when used correctly, are safe to the public. If products, when used correctly, pose a danger to the public and cause harm, a product liability claim is the end result.

Medical professionals have a responsibility to act in a safe manner with patients that meet established standards of the medical community. If injuries or death are suffered by patients as a result of a failure to meet these responsibilities and standards, medical malpractice results and a claim for compensation can be filed.

All of the many different pathways that lead to a personal injury claim can be confusing to break down.  If you have questions regarding an injury you suffered at the hands of another party, it is worth your time speaking with a knowledgeable Arizona serious injury attorney from ELG.  Call our Pheonix or Mesa Arizona law offices at 623-562-3838 to discuss your claim with one of our effective attorneys at ELG today.