Has a Duty of Care Been BreachedHas a duty of care been breached? The reason why you are asking this question is probably because you believe that you or a loved one suffered harm as a result of a breach of a duty of care toward you. You most likely also want to know if you are entitled to compensation for that harm.
To begin with, in order to know whether you or your loved one has been the victim of a breach of a duty of care, you need to know what a duty of care is. You need to understand how important and significant it is.
A duty of care is the responsibility or the legal obligation of a person or organization to avoid acts or omissions which can be reasonably foreseen to be likely to cause harm to others. In other words, a duty of care is a legal duty to act reasonably so as to avoid harming other people.
A duty of care involves doing what a reasonable person would do in the same circumstances. It also involves not doing what a reasonable person would not do in the same circumstances.
It should be noted that a duty of care not only applies to individuals but to groups, also. This means that organizations, corporations and businesses have the responsibility of a duty of care. As applied to any type of organization or group, a duty of care means that the directors and officers of that group will make decisions that a reasonably prudent person would make in their position.
Just as an individual may be guilty of breaching a duty of care, so also may a group or organization. For example, a manufacturer has a duty of care to consumers for the safety of its product. An example of this is a car manufacturers duty of care to provide a car to its buyers that will not have a defect that will result in serious accidents and injuries.
Owed to you
It may have been an individual or a group that you believe breached their duty of care to you or your loved one, which resulted in injury or harm. In order to be fairly compensated for your harm, the first thing you have to do is to show that the individual or group owed you a duty of care.
If what the individual or group did or did not do fails to measure up to what a reasonably prudent individual or group would have done in the same circumstances, then a duty of care has been breached. However, proving that a duty of care has been breached is often complicated and complex.
For this and other reasons, it is not wise to try and pursue a personal injury claim for a breach of duty, yourself. You will need the advice and expertise of a personal injury attorney in order to be fairly and justly compensated for the harm that you or your loved one has suffered.
The smart thing to do is to talk to a personal injury attorney and have your case evaluated at no cost or obligation to you.
Article written by James Shugart
Connect with James on Google+