At Brandy Austin Law Firm, we understand that legal matters can seem overwhelming, especially when they involve complicated concepts like “duty of care.” As one of the most fundamental principles of common law, the duty of care plays a pivotal role in negligence cases. But what does this duty really mean, and how does it impact you? Our Arlington, TX personal injury lawyer is here to break it down to help you understand negligence.
What Is Duty Of Care?
The duty of care is a legal obligation requiring individuals or entities to act in a manner that avoids causing harm to others. This principle is deeply rooted in common law, and it ensures that people and organizations take reasonable steps to ensure the safety and welfare of those who might be affected by their actions–or by their failure to act in some cases.
For instance, drivers have a duty of care to others on the road, businesses have a duty to maintain safe premises for customers, and medical professionals have a duty to provide competent care to their patients.
Why Is Duty Of Care Important?
In negligence claims, the duty of care is the foundation. As our lawyers who have been rated as top attorneys by Forth Worth Magazine can explain, to succeed in a negligence lawsuit, a plaintiff must prove four elements:
1. The defendant owed a duty of care
2. The defendant breached that duty.
3. Said breach caused harm to the plaintiff
4. The harm resulted in damages (usually but not necessarily limited to financial damages)
Without a clearly established duty of care, there is no basis for holding someone legally accountable for their actions or lack thereof.
Real-World Examples
Here are two examples of personal injury negligence and how the duty of care operates in everyday life:
– Car Accidents: All drivers have a duty to follow traffic laws and drive safely. If a driver texts while driving and causes a crash, they have breached their duty of care.
– Workplace Safety: Employers have a duty to ensure a safe working environment for their employees, including proper training, employment, and safety procedures. If this is not the case and it results in a workplace injury, this would be a breach of the company’s duty of care.
How Does The Court Determine Duty Of Care?
Courts often use the “reasonable person” standard to evaluate whether someone breached their duty of care. This means asking: “What would a reasonable person have done under these circumstances?” If the defendant’s actions fall short of what a reasonable person would have done, they likely breached their duty of care.
However in some cases the duty of care is more specialized, For instance, professionals like doctors, lawyers, or accountants are held to a higher standard because of their expertise and training.
How Our Firm Can Help
If you believe someone has breached their duty of care and caused you harm, our team at Brandy Austin Law Firm is here to guide you through the legal process. Negligence cases can be complex, requiring thorough investigation, documentation, and legal expertise.
We work diligently to:
- Analyze the facts of your case
- Establish that a duty of care existed
- Prove how the duty of care was breached and how it led to your injuries
- Pursue fair compensation for you.
Contact our attorneys who have received the Law Firm Outreach Excellence Award to schedule a free consultation!
