Duty of care is one of the most important legal concepts in personal injury law and can significantly affect the outcome of a claim or lawsuit. Establishing that the plaintiff was owed a duty of care and that this duty was breached is one of the most influential ways to determine legal responsibility for the injuries and damages resulting from the accident. For more information and skilled legal advice, contact a New Jersey personal injury lawyer to set up your free consultation today.
What Does Duty of Care Mean in Personal Injury Law?
A duty of care is a legal obligation that one party owes to the other to act with reasonable care and avoid unnecessary harm. Individuals and entities have a duty to refrain from negligent behavior, reckless behavior, and intentionally injuring someone.
In general, most people have a responsibility to act with reasonable care to prevent injuring another person at all times. However, in certain situations, individuals or entities are expected to operate with more care. When the expectation of reasonable caution is violated, it is a breach of the duty of care. This type of breach is the basis for negligence in a personal injury case.
The standard is typically set at what a reasonable person would do in a similar situation. So, if an individual’s actions led to another person’s harm, the court would generally consider whether a reasonable person would have behaved similarly or if they would have exercised more care.
When Does Duty of Care Apply?
Duty of care does not apply to every person in every situation. The legal obligation is only to prevent harm to individuals or parties that the defendant is obligated to protect. For example, doctors owe a duty of care to their patients. If they breach this duty, they could be held responsible for any harm caused. Property owners owe a duty of care to lawful visitors, and drivers also have a duty of care to other drivers, pedestrians, and road users.
The reason that these parties owe each other a duty of care is because of the established relationship between them. When a doctor takes on a patient, they do so while pledging to protect them and act in their best interest. When a driver operates a vehicle on a public road, they owe those nearby the respect of driving carefully and avoiding an accident.
When a relationship like in the examples above is established, it is evidence enough that one party owes the other a duty of care. Therefore, when this duty is breached, the defendant can be held liable for any losses or damages that occur as a result.
If you were injured in an accident and have questions or concerns regarding a duty of care, reach out to an experienced attorney at Falcon Law Firm, LLC for skilled assistance and legal advice.
