Personal Injury Lawyer
In every personal injury case the topic of duty of care is a major factor. Personal injury cases require a duty of care to be neglected in order to be successful for a victim or individual pursuing a claim. Without the failure of duty of care, there is an unlikely chance you will have a successful personal injury claim. We all have a duty of care to uphold, and when we fail to do so we are held responsible in some way, shape, or form.
Breach in Duty of Care
In personal injury cases, a breach in a civilian’s duty of care appears the most in motor vehicle accidents; this is also considered negligence. There are traffic laws that everyone must follow to ensure their own safety and the safety of others. When those traffic laws are not properly abided by, that individual has breached their duty of care. For example, if someone runs through a stop sign without completely stopping and causes an accident, they have breached their duty of care. Or, texting and driving and not realizing the car in front has come to a complete stop, which causes an accident would be a breach of care. It is both individuals’ responsibility to stop at a stop sign and watch for other vehicles, as well as stopping at a reasonable distance behind another motor vehicle. Unfortunately, these are very common breaches that happen daily. Because of these commonalities, there are laws in place to protect the victim.
While we all share this duty of care, those such as bus drivers, pilots, doctors, and other individuals who have lives in their hands on a regular basis have a larger expectation. This is because if they fail to uphold their duty of care they are potentially putting several other people at risk of harm, injury, or even death.
Who Is Responsible?
Employers, businesses, manufacturers, are also responsible for their own duty of care to employees, clients, and consumers. These entities must provide safe spaces and ensure that they keep up with safety regulations as it pertains to their clients and consumers. For example, if you enter a hotel and lie on the bed and it collapses under you, causing you to fall to the ground and twist your ankle, whose responsibility is that injury? If the bed railing failed and caused you injury, someone has breached their duty of care and should be deemed responsible.
Speak with an Attorney
Should you or someone you know be a victim of someone else’s breach of duty of care, speak with a skilled personal injury attorney, like a personal injury attorney in Dekalb, GA, to see what legal options you have.
Thanks to the law office of Andrew R. Lynch, P.C. for their insight into what the “duty of care” is.