What Is Duty of Care and Why Does It Matter in a Lawsuit?

After an accident, you are likely focused on the injuries you’ve suffered and the costs associated with them. However, understanding the concept of duty of care matters too. It matters to the legal case you may have against the negligent party who caused your injuries. Proving there was a duty of care, and how that person breached it, could entitle you to significant financial compensation through a personal injury lawsuit.

At High Stack Law, our skilled Florida personal injury lawyers help you determine who had the duty of care, and how they violated it. Speak with our team about your case today.

Defining Duty of Care in Florida Law

You may wonder if you really need to know much about the duty of care. Isn’t that up to your lawyer to figure out? It certainly is, but knowing the basics can help you identify critical details of your case when you discuss it with your lawyer.

The duty of care is a legal responsibility one person owes to another. It is the duty to act with reasonable care, considering the circumstances in which everything happened. The duty can depend on the relationship between the two parties, or the surrounding circumstances.

For example:

Drivers must drive safely and object all traffic rules
Owners of Florida properties must keep their premises safe, depending on the legal status of the person visiting their property
Medical and other professional must meet the applicable standards of their profession
Businesses and manufacturers must sell safe products that don’t hurt consumers

Why Does the Duty of Care Matter?

The duty of care is a primary part of proving a personal injury case in Florida. In fact, its one of the four elements of a negligence claim. To prove your claim for negligence, you must show:

Duty: The defendant owed a legal duty of care to the plaintiff.
Breach: The defendant breached that duty through action or inaction.
Causation: The breach directly caused the plaintiff’s injury.
Damages: The plaintiff suffered actual harm or losses.

Florida-Specific Examples of Duty of Care

Florida courts recognize various duties depending on the situation. Here are some common examples:

1. Motor Vehicle Accidents

Every driver is supposed to drive safe. Of course, that’s not the reality. Many drivers violate the duty of care by:

Speeding
Failing to use turn signals
Not checking blind spots
Driving distracted
Driving while intoxicated

2. Premises Liability

Property owners in Florida owe different levels of duty depending on the visitor’s status:

Invitees (e.g., customers in a store) are owed the highest duty, including regular inspections and warnings of known dangers.
Licensees (e.g., social guests) must be warned of known hazards.
Trespassers are generally owed a minimal duty, though exceptions exist, especially for children under the “attractive nuisance” doctrine.

3. Medical Malpractice

Medical providers are supposed to meet a certain standard, one that is accepted within their field. Failing to live up to this standard can constitute medical malpractice, a type of negligence that violates the duty of care.

4. Business Liability

Retailers and manufacturers have a duty to ensure their products are safe. If a defective product injures a consumer, the business may be liable under product liability laws, even without proof of negligence.

Comparative Negligence in Florida

Florida follows a modified comparative negligence rule. As of March 2023, if a plaintiff is found to be more than 50% at fault for their own injuries, they cannot recover damages. If they are 50% or less at fault, their compensation is reduced by their proportion of fault.

This makes proving the defendant’s breach of duty even more important. A strong showing of duty and breach can help minimize the plaintiff’s share of fault and maximize recovery.

Prove Who Had the Duty of Care and Why You’re Entitled to Compensation

After an accident, we want to speak with you. We know the pain you’re likely dealing with, the time off of work, and the high financial costs. Proving who had the duty of care and how they violated it could get you the compensation you deserve. Consult a Florida personal injury attorney at High Stack Law for help. Contact us today for a consultation of your case.