In legal terms, “breach” means a violation of someone’s legal obligation or duty to others. In a personal injury case, “breach of duty” refers to someone’s failure to act with the care and caution they should have, given the circumstances. Breach of duty is one of the elements of negligence that a personal injury plaintiff must prove to win compensation in their claim.
The duty of care to others and how it can be breached will depend on the situation. In a traffic accident, both drivers would have had duties to obey traffic laws and use caution to avoid accidents. In other cases, the duty could be defined by what others would normally do as a matter of custom. Laws, social standards, ethical responsibilities, and other guidelines set out our duties from one situation to the next.
If someone else’s breach of duty caused an accident and led to your injuries, you could be entitled to seek financial compensation in a personal injury claim.
Elements of Negligence in a Florida Personal Injury Claim
To win a personal injury claim, plaintiffs must prove the other party’s negligence caused the accident and led to injuries. Four essential elements are involved in a negligence claim, and all are like pieces of a puzzle that must fit into the case.
The elements of negligence are:
- Duty of care
- Breach of duty
- Causation
- Damages
Each element must be established as part of a personal injury claim or lawsuit. Here, we’ll talk more about each of these elements – particularly the “breach of duty” element.
Duty of Care
Before breach of duty can happen, a duty must exist in the first place. Duty of care will depend on the circumstances leading up to an accident. Wherever we go, we hold duties of care toward others around us. Drivers have duties to other drivers, business owners have duties toward customers and guests, doctors owe duties to their patients.
Our duties generally involve a legal responsibility to avoid harming others. Duties can be tied to legal requirements, customs, and relationships. For example, a surgeon has not only professional and ethical obligations but also a legal duty to perform using the standard of care that is expected of them. Drivers on Florida roads must follow traffic state and local traffic laws – and also drive with the reasonable care that would be expected of them. Property owners have duties of care to keep their properties free from hazards and danger to invited guests.
When a person, business, or other entity fails to live up to their duty of care, and someone is injured, breach of duty could be involved.
Breach of Duty
A person breaches their duty of care when they fail to act as a reasonable person would have acted in a given situation.
In car accident claims, breach is often shown in the way an accident happened. Running a red light, speeding, or driving drunk are all clear examples of a breach of duty. In a slip and fall case, on the other hand, breach of duty would be proven if the property owner failed to fix a known hazard to invitees or left a hazardous situation unattended when they should have taken action.
Breach of duty in a negligence claim depends heavily on the evidence involved and the facts of the case. One of the first things your personal injury lawyer will look to establish is a breach of duty by the at-fault party.
Evidence Used to Prove Breach of Duty
Your personal injury attorney will carefully collect and analyze all evidence to prove that a breach of duty caused your injuries.
Evidence supporting a breach of duty often includes:
- Witness statements and testimony
- Police reports
- Video recordings
- Photos from the accident
- Physical evidence from the accident scene
- Accident reconstruction experts
- Experts in fields related to the accident
During an insurance claim, evidence proving breach of duty will be submitted to the insurer. In a personal injury lawsuit, evidence will be shared with the defendant’s attorney and the court. If your case goes to trial, your lawyer will show evidence to the jury. Evidence is critical to proving breach of duty and the remaining elements in a personal injury claim.
Causation
The causation element looks at how the defendant’s breach of duty caused your injuries. There can’t be some other possible cause of the accident. You must show an unbroken chain of events connecting the defendant’s actions—or lack of action—to the accident and your injuries suffered. If the defendant’s conduct was the direct cause of your damages, causation can be proven, and you are one step closer to proving negligence.
Damages
Damages can be simple to prove in some cases. Plaintiffs must show the specific losses suffered due to an accident. These can include medical bills, lost income, or non-economic damages like pain and suffering. Damages can take many forms in personal injury cases and can go beyond what you might expect. Your lawyer will work with you to make sure the full extent of your damages – economic and non-economic – are dealt with in your case.
Consult a Florida Personal Injury Lawyer to Discuss Breach of Duty
After an accident, you could struggle with the physical, mental, and financial impacts of a serious accident. Our experienced Florida personal injury lawyer at Thomas C. Grajek, Attorney at Law, serves many locations in Florida and can help you prove breach of duty in your personal injury claim. Contact us online or call law office today at (863) 999-9000 to learn more and schedule a free consultation.