If you were injured because another person or business acted carelessly, you may have the right to pursue compensation through a personal injury claim. Many of these cases are based on negligence, which occurs when someone fails to use reasonable care and causes harm to another person.
One of the most important parts of a negligence claim is proving a breach of duty. Here’s what you need to know.
The Elements of Negligence
To recover compensation in a personal injury case, an injured victim generally must prove four elements of negligence:
- Duty of care, meaning the defendant had a legal obligation to act reasonably and avoid causing harm to others
- Breach of duty, meaning the defendant failed to uphold that obligation through careless, reckless, or wrongful conduct
- Causation, meaning the defendant’s actions directly caused the accident and the victim’s injuries
- Damages, meaning the victim suffered actual losses such as medical expenses, lost income, pain and suffering, or other harm as a result of the accident
If even one of these elements cannot be proven, recovering compensation may become much more difficult.
What Is a Duty of Care?
A duty of care is a legal obligation to act reasonably and avoid causing harm to others. People and businesses are expected to behave in ways that help prevent foreseeable injuries.
The specific duty owed depends on the situation. Some common examples include:
- Drivers must follow traffic laws and operate vehicles safely.
- Property owners must maintain reasonably safe premises.
- Doctors must provide competent medical treatment.
- Employers must provide reasonably safe working conditions.
In personal injury law, courts often ask whether a reasonable person in the same situation would have acted differently. If the answer is yes, there may have been a failure to uphold the duty of care.
What Does “Breach of Duty” Mean?
A breach of duty occurs when someone fails to meet the standard of care expected under the circumstances. In other words, the person or business acted carelessly, recklessly, or failed to act when they should have.
A breach can take different forms. Sometimes it involves taking dangerous actions. Other times, it involves failing to fix a known hazard or failing to warn others about a dangerous condition.
Not every accident automatically means someone breached a duty. The injured person must show that the defendant’s conduct fell below what a reasonably careful person would have done in a similar situation.
Examples of Breach of Duty
Breach of duty can occur in nearly any type of personal injury case. Some common examples include:
- A driver texting while driving
- A property owner failing to repair broken stairs
- A store employee ignoring a spill that creates a slipping hazard
- A doctor making a preventable surgical error
- An employer failing to provide required safety equipment
- A trucking company allowing an unqualified driver to operate a commercial vehicle
These actions may place others at unnecessary risk and create the basis for a negligence claim.
How Do Courts Determine Whether a Breach Occurred?
Courts generally use the “reasonable person” standard when deciding whether a breach of duty occurred. This means they evaluate whether a reasonably careful person would have acted differently under similar circumstances.
Several factors may influence this analysis, including:
- Whether the danger was foreseeable
- The severity of the potential harm
- Industry safety standards
- Traffic laws or regulations
- Expert testimony
- The actions taken by the defendant before the accident
For example, a driver who runs a red light is likely to be considered unreasonable because traffic laws clearly prohibit that behavior. Likewise, a property owner who ignores a serious safety hazard for weeks or months may also be found negligent.
Negligence Per Se
In some cases, violating a law may automatically help establish a breach of duty. This legal concept is known as negligence per se.
Negligence per se may apply when:
- A law or regulation was violated.
- The law was designed to prevent the type of harm that occurred.
- The injured person belonged to the group the law intended to protect.
For example, a drunk driver who causes an accident after violating DUI laws may be considered negligent per se. Similarly, a business that violates building safety codes could be held responsible if those violations cause injuries.
How Do You Prove Breach of Duty?
Proving breach of duty often requires strong evidence. The more evidence available, the easier it may be to show how the defendant acted negligently.
Common forms of evidence in personal injury cases include:
- Accident reports
- Surveillance footage
- Photographs of the scene
- Witness statements
- Medical records
- Cell phone records
- Maintenance records
- Expert testimony
An experienced personal injury attorney may also work with accident reconstruction specialists, medical experts, or safety professionals to strengthen the case.
Challenges in Proving Breach of Duty
Proving breach of duty is not always easy. Insurance companies and defendants often dispute liability to avoid paying compensation.
Some common defenses include arguing that:
- The defendant acted reasonably.
- The injured person caused the accident.
- The hazard was obvious.
- There is insufficient evidence.
- Another party was responsible.
Pennsylvania follows a modified comparative negligence rule. This means an injured person’s compensation may be reduced if they were partially at fault for the accident. If they are found to be more than 50% responsible, they may be barred from recovering any compensation.
Because these cases can become complicated quickly, many accident victims benefit from working with an attorney who understands how to gather evidence and build a strong claim.
Contact McDonald & MacGregor, LLC to Schedule a Free Consultation With a Scranton Personal Injury Attorney
If you were injured because someone else breached their duty of care, you may have the right to seek compensation for your losses. Personal injury claims can be complex, and insurance companies often work hard to minimize payouts.
McDonald & MacGregor, LLC can help. Call today to schedule a free consultation at (570) 209-7062 with a Scranton personal injury attorney.
