Every day, people get hurt in accidents. Sadly, many accidents happen because of others not being careful. If you’ve been hurt in an accident and want to seek compensation, here’s what you should know about the first part of negligence: duty of care.
If you need assistance with your personal injury case, visit websites like www.lilawyer.com. They offer all the information you’ll need to know about personal injury law and offer assistance for your case as well.
What is Duty of Care, and What is its Role in a Personal Injury Case?
Everyone must act reasonably to avoid causing harm to others. If someone fails to do this, they could be held responsible for the harm their actions or lack of action may have caused.
The obligation to act reasonably applies in most situations. Depending on the law, some people in specific situations or professions have a greater duty of care.
Examples Of Breach of Duty Of Care
The duty of care can be breached in various situations.
- If a car driver ignores a stop sign and hits another driver, the first driver didn’t fulfill their duty to drive like a reasonable person would to avoid the accident. The injured driver might take legal action for damages due to the neglected duty of care.
- If a property owner is aware of a danger on their property but doesn’t fix it, resulting in an injury, they’ve breached their duty to keep the place safe. Not warning visitors about the risk is also a breach of duty.
- When a medical professional’s treatment falls below the expected skill level, causing harm to a patient. This is a breach of their duty, and they can be held accountable.
- If a product is sold with design flaws that make it unsafe and harm consumers, the manufacturer can be held responsible for breaching their duty to produce a product without unreasonable dangers.
How to Establish Fault?
Once it’s established that someone was supposed to take care of you in a certain situation, you need to show how that person didn’t do what they were supposed to. You have to explain why the way they acted was not right and careless, and why they are legally responsible for the injuries that happened.
To prove fault and negligence in a personal injury case, you must effectively show these four things:
- The other person was supposed to take care of you in that situation. The law is often used to decide when someone should take care of another person in different situations.
- The other person didn’t do what they were supposed to – they didn’t act in a reasonable way as required by the law to prevent injuries in that situation.
- You got hurt because the other person didn’t do what they were supposed to. If they had followed the law and taken care of you like they should, you wouldn’t have gotten injured.
- You had problems and suffered losses because of your injury. These problems could be medical bills, the money you lost because you couldn’t work, and the pain and suffering you went through because of the injury caused by the other person not taking care of you like they were supposed to.
Contact a Reputable Personal Injury Attorney for Help
If someone didn’t fulfill their duty of care and you got hurt, you can file a personal injury claim to get the money for your medical costs, lost wages, and the pain you went through. Personal injury lawyers are dedicated to aiding you in getting the compensation you deserve.
Ask for a meeting today to find out what legal choices you have for getting compensation. You won’t have to pay anything upfront if the lawyer agrees to work on a contingency fee basis.
Ingrid Maldine is a business writer, editor and management consultant with extensive experience writing and consulting for both start-ups and long established companies. She has ten years management and leadership experience gained at BSkyB in London and Viva Travel Guides in Quito, Ecuador, giving her a depth of insight into innovation in international business. With an MBA from the University of Hull and many years of experience running her own business consultancy, Ingrid’s background allows her to connect with a diverse range of clients, including cutting edge technology and web-based start-ups but also multinationals in need of assistance. Ingrid has played a defining role in shaping organizational strategy for a wide range of different organizations, including for-profit, NGOs and charities. Ingrid has also served on the Board of Directors for the South American Explorers Club in Quito, Ecuador.
