What is Duty of Care?
When it comes to personal injury cases, duty of care is a very common law. Your premises liability lawyer in Newport Beach will need to prove fault by showing that someone breached this duty of care. Therefore, you’ll want to learn just what this term refers to so that you can better prepare your personal injury case.
Every person has a legal duty to act in a reasonable manner to prevent the injury of another person. When a person fails to act reasonably, they can be held liable for the injuries that are caused. Therefore, the duty of care is best defined as acting reasonably and with respect to the safety of others around you. To help you better understand this legal term, let’s take a look at a quick example. You are driving down the road and speed up to run through that red light at the last minute. You end up crashing into another driver and they are injured as a result of the wreck. You can be held liable for their injuries because you didn’t act in a reasonable way with respect to the safety of all the other drivers on the road around you.
Certain Professions Have Higher Duties Of Care
As your Newport Beach premises liability attorney will tell you, some careers require you to act with a higher duty of care than the average person. Some of the most common professions include mass transportation drivers, doctors, and lawyers. This duty of care is also expected out of businesses.
For your premises liability attorneys to successfully prove negligence on the part of a person or business, they must prove four main elements. Without all of these elements being proven, the person or business may not be held liable for a breach of their duty of care. Here are the four elements that you’ll need to prove:
- Duty of care
- Breach of the duty of care
When your personal injury attorney in Newport Beach fights your case, they will cover all of these elements to win your claim. They’ll show that the person or entity had a reasonable duty of care owed to the individual that was injured. They’ll prove that the defendant was neglectful to that duty of care and the plaintiff suffered injury, also known as damages, as a result of the defendant’s actions or lack thereof.