Drivers are expected to abide by traffic laws. Property owners must fix known hazards. Doctors are supposed to follow accepted medical standards. When someone fails to meet these basic expectations and another person gets hurt, the law allows the victim to seek accountability. This is where the concept of breach of duty comes into play.
A breach of duty happens when a person or business fails to act with reasonable care under the circumstances. This is one of the elements of negligence that must be proven to recover damages in a personal injury claim. At Chopra & Nocerino, we help injured New Yorkers prove breach of duty of care and pursue fair compensation for their losses.
- In most cases, you must prove the four elements of negligence—duty of care, breach of duty, causation, and damages—to recover compensation for an injury.
- A breach of duty occurs when someone violates their duty of care by failing to act in a way a reasonably careful person would in a similar situation.
- If someone else’s breach of duty caused you to suffer an injury, you may be entitled to compensation for your losses.
- Our attorneys can help you prove a breach by investigating the accident and gathering strong evidence, such as accident reports, maintenance records, witness statements, and expert opinions.
The Four Elements of Negligence
Most personal injury claims are based on negligence. To recover compensation for an injury, you must show that someone else’s careless actions or failure to act caused harm. This requires proving four elements:
- Duty of care: The at-fault party owed you a legal duty to act with reasonable care.
- Breach of duty: The at-fault party failed to meet that duty.
- Causation: The breach of duty directly caused your injury.
- Damages: You suffered losses as a result of the injury.
Fault is not always all-or-nothing. New York follows a comparative negligence rule, which means more than one party can share responsibility for an accident. You may still recover compensation if you were partially at fault, but your recovery will be reduced by your percentage of responsibility.
What Does Breach of Duty Mean in a Personal Injury Case?
Breach of duty refers to conduct that falls below the level of care a reasonably careful person would use in the same situation. It happens when someone acts carelessly or fails to take reasonable steps to prevent harm.
This type of behavior creates a danger that could have been avoided with proper care. It can lead to preventable injuries that form the basis of a personal injury claim.
Common Examples of Breach of Duty
Breach of duty of care can happen in many everyday scenarios, including:
- Running a red light: Drivers have a duty to obey traffic signals. A driver who speeds through a red light may breach that duty and create a risk of a car accident.
- Ignoring a spill in a restaurant: Business owners must keep walkways reasonably safe for customers. If staff members know about a liquid spill and fail to clean it up or place a warning sign, that may breach the restaurant’s duty of care.
- Fatigued truck driving: Federal trucking regulations require drivers to follow hours of service rules, which limit the time they can spend on the road without breaks to reduce the risk of fatigue-related commercial truck accidents. A breach may occur when a driver stays on the road too long.
- Improperly securing merchandise: Stores have a duty to safely display products so they do not fall and injure customers. Placing heavy items on high shelves without proper support may constitute a breach of that duty.
How Breach of Duty Is Proven in a Personal Injury Claim
When you turn to our personal injury lawyers for help, we’ll thoroughly investigate the accident that led to your injury. Our team will determine who caused you harm, identify the duty of care they owed you, and then assess how their actions failed to meet that standard.
This process involves gathering and analyzing evidence. Depending on the case, this may include accident reports, photographs, video footage, maintenance records, company policies, or witness statements. We may also collaborate with third-party experts to help determine what reasonable care would have looked like in your situation.
Recovering Damages for a Breach of Duty
After establishing a breach, the focus shifts to how the injury has affected your health, finances, and daily life. If you suffered an injury because of someone else’s breach of duty, you may have the right to pursue compensation for your related losses, such as:
- Past and future medical expenses
- Lost wages for the work you missed during your initial recovery
- Reduced earning capacity due to the injury’s long-term impact on your ability to earn an income
- Physical pain and suffering
- Emotional distress
- Loss of enjoyment of life due to the ways the injury limits the type of activities you can participate in
- Scarring and disfigurement
Speak With a New York Personal Injury Lawyer About Your Case
Showing that someone failed to act with reasonable care is an important step in holding them accountable. Our team can evaluate your situation, determine whether a breach of duty occurred, and explain your legal options. If you have a strong case, we’ll be ready to gather evidence establishing the breach and pursue the full amount of compensation available for your damages.
Chopra & Nocerino has recovered hundreds of millions in verdicts and settlements for New Yorkers injured due to someone else’s negligence. Let us put that track record to work for you. Fill out our online contact form or call (855) NYC-HURT to schedule a free consultation.
