Many personal injury cases are the result of negligence. A negligence claim involves four elements, of which breach of duty is the keystone. This article will break down the elements of a negligence claim, with an emphasis on breach of duty.
Elements of a Negligence Claim
A negligence claim contains four elements: duty, breach, causation, and damages. In order to bring a successful negligence claim, you must prove all four of these elements by a preponderance of the evidence — that is, that it is more likely than not that the claim is true.
Duty
First, you must show that the defendant owed you a duty of care. Most individuals have a duty to act reasonably. They may have a heightened duty if they are engaged in a high-risk activity such as operating heavy machinery.
Breach of Duty
Second, you must show that the defendant breached, or failed to adhere to, the standard of care expected of a reasonable person.
Causation
Third, you must show that the defendant’s breach of duty was the cause of the injury. Specifically, you must show (1) that the injury would not have happened if not for the defendant’s breach and (2) that the defendant’s breach was the foreseeable cause of your injury.
Damages
Finally, you must show that the breach of duty that caused your injury resulted in measurable damages. These can include lost wages for being unable to work, medical bills for treatment, and even pain and suffering.
What is the Duty of Care?
As stated above, everyone has some duty of care. The baseline duty of care is the duty to act reasonably under the circumstances. For instance, it might be reasonable to drive at the speed limit in ordinary weather, but it may be considered unreasonable to drive at the same speed in inclement weather. As “reasonableness” depends so heavily on the circumstances, what is considered “reasonable” is often determined by the jury.
Individuals may be held to a higher standard of care if they are acting as professionals in their course of business or if they are operating certain vehicles or machinery.
Individuals may also be held to a different standard if the defendant has violated an applicable law, regulation, or rule. If that violation has caused the plaintiff’s harm, the standard of care is determined by that law rather than by the jury. This is called “negligence per se.”
In order to show negligence per se, the law that the defendant violated must have been designed to prevent the kind of injury that the plaintiff suffered. Additionally, the plaintiff must belong to the class that the law or regulation was intended to protect.
For instance, a driver who runs through a red light and hits a pedestrian in a crosswalk has violated a law intended to prevent such an injury. The plaintiff, as a pedestrian, belongs to one of the classes that the law sought to protect. If negligence per se applies, the violation that caused your injury constitutes the breach of the duty prescribed by law.
What Is a Breach of Duty?
Whether the duty of care is based on a “reasonableness” standard or on some other standard set by law, a plaintiff must show that the defendant has breached that duty. In other words, the defendant’s actions must have fallen below the standard of care expected of them.
While not an exhaustive list, the following examples illustrate what the breach of duty might look like in the context of a personal injury claim.
Texting While Driving
Distracted driving of any kind is often considered a breach of the duty to act reasonably. Texting while driving is a particularly egregious breach, as it requires the driver to take their eyes off of the road. It may also be considered negligence per se under applicable state laws.
Deviating from Prescribed Procedures for Operating a Crane or Forklift
Those operating heavy machinery or engaged in high-risk activities may have a duty to follow prescribed safety procedures because of the inherent danger involved. Failure to follow the specified safety protocols may constitute a breach of their duty of care.
Failing to Warn Guests of Dangerous Conditions on Your Property
A property owner owes a duty of care to those that they invite onto their premises. While property owners may not be expected to inspect every inch of their property, they may be expected to warn individuals of any dangerous conditions of which they are aware.
Making Treatment Decisions or Conducting Operations in a Way That Disregards One’s Medical Training
Professionals such as doctors are held to a higher standard than the ordinary person because they have received specialized training. If doctors do not follow that training when providing treatment, they may be breaching their duty of care, leading to a medical malpractice case.
Strict Liability in a Personal Injury Case
Where strict liability applies, you need not prove that the defendant did not meet their standard of care.
For example, suppose you are harmed in the course of an abnormally dangerous activity, by an animal that was not properly restrained by its owner, or by a defective product. In that case, the defendant who was responsible for that activity, animal, or product may automatically be held liable.
A Personal Injury Attorney Can Help You Prove a Breach of Duty
What constitutes a breach of duty varies widely based on the circumstances and applicable laws or regulations. If you have suffered a personal injury as a result of someone’s actions, you should speak with an attorney to determine whether you have a viable negligence claim.
Contact our law firm at (337) 888-4253 to schedule a free case evaluation with a Lake Charles personal injury attorney at Hale Injury Lawyers.
