What Is Duty of Care and How Does It Impact Your Injury Claim?
After an accident, you are likely not as focused on what you have to prove in a legal case. You are more likely dealing with the impact of your injuries and their symptoms. You’re also likely dealing with the financial fallout from the accident, like a totaled car, lost time at work, and medical bills that seem to keep coming. Proving the duty of care element in a negligence claim can help you pursue compensation from the party who harmed you. With this, you could win substantial compensation for your claim.
At High Stack Law, our skilled Florida personal injury lawyers assist you throughout the legal process. We help you establish the duty of care, as well as the remaining elements of a negligence claim. Speak with us about who violated their duty of care and how it affected you.
Defining Duty of Care
The duty of care is a person’s obligation to act in a reasonable way. They are supposed to use due caution and in a way that prevents any foreseeable harm. People are not expected to be perfect, but they are expected to be reasonable. Courts look at whether a normal person would act in the same way the person accused of negligence acted.
Examples of duty of care include:
- Drivers have to follow traffic laws
- People should not intentionally harm others
- Property owners should keep their premises reasonably safe
- Employers must provide safe working conditions for employees
- Medical professional must follow accepted standards of practice
- Manufacturers should design and build products that don’t harm their customers
When this duty is breached and someone is injured as a result, the injured party may have grounds for a personal injury claim.
Duty of Care in Florida Personal Injury Cases
Florida law recognizes that different relationships impose different levels of duty. For instance:
- Drivers owe a duty to others on the road, including bicyclists and pedestrians
- Business owners must keep their properties reasonably free of dangers
- Landlords owe tenants a duty to keep the property safe and in appropriate condition
- Healthcare providers owe patients a duty to deliver competent medical care.
When Does a Breach of Duty Lead to Compensation?
If you want to file a personal injury claim, you have to prove four elements to establish negligence:
- A duty of care existed
- That the other person breached that duty
- That their breach caused your injuries
- That you suffered injuries, property damage, and other impacts
In some cases, establishing the duty element is very easy. In traffic cases, all drivers have a duty to follow traffic laws. Violations could be negligence per se, meaning the duty element is even easier to prove.
Why the Duty of Care Matters for Your Particular Claim
Why the duty of care matters includes reasons such as:
- Without proving duty and breach, there is no valid claim.
- Insurance companies often dispute whether a duty was breached. Clear evidence strengthens your case.
- Demonstrating how the breach caused your injuries helps secure full damages.
- Knowing the legal standards prevents insurers or defendants from minimizing your claim.
Evidence That Supports Duty of Care Breach
To prove breach of duty in Florida, evidence is key. This may include:
- Police or accident reports
- Medical records documenting injuries
- Photographs of hazardous conditions
- Witness statements
- Expert testimony (e.g., accident reconstruction specialists)
Learn More About What You Can Do After a Concussion or TBI
If you suffered a traumatic brain injury after an accident, you have rights. Knowing how to explore those rights can be extremely important to your life. You could be entitled to significant compensation for everything you have been through.
Consult a Florida personal injury attorney at High Stack Law for help. Contact us today for a consultation of your case.